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Western Australia
Sentence Administration Bill 2002
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. This Act to be read with Sentencing Act 1995 2
4. Interpretation and abbreviations 2
Part 2 -- General matters about people
in custody
Division 1 -- Preliminary
5. Interpretation and calculations 5
Division 2 -- Matters affecting the service of terms
6. When a term begins 5
7. Order of service of fixed terms 5
8. Effect of not being in custody 7
9. Effect of time before an appeal 7
10. No release if prisoner in custody for another matter 7
Division 3 -- Reports about certain people in
custody
11. Report to Minister about the place of custody for a
person in custody during Governor's pleasure 8
12. Report to Minister about a person in custody 8
Division 4 -- Releasing people in custody during
the Governor's pleasure
13. Operation of this Division 9
14. Release may be by parole order 10
page i
132--3C
Sentence Administration Bill 2002
Contents
Part 3 -- Parole
Division 1 -- Preliminary
15. Interpretation 11
16. Release on parole, matters to be considered 11
Division 2 -- Reports about certain people eligible
for parole
17. Parole term, CEO to report to Board about prisoner 12
18. Life term or indefinite imprisonment, Board to report
periodically to Minister about prisoner 12
Division 3 -- Parole in case of parole term
19. Interpretation 14
20. Board may parole prisoner 14
21. Prisoner to be notified of postponement or refusal of
parole 15
Division 4 -- Parole in case of short term
22. Application 15
23. CEO may parole prisoner 16
24. Prisoner to be notified of postponement or refusal of
parole 17
Division 5 -- Parole in case of life term or
indefinite imprisonment
25. Life imprisonment, Governor may parole prisoner 18
26. Strict security life imprisonment, Governor may
parole prisoner 18
27. Indefinite imprisonment, Governor may parole
prisoner 19
Division 6 -- Parole orders
28. Parole order, nature of 19
29. Parole order, standard obligations 20
30. Parole order, additional requirements 21
31. CEO to ensure parolee is supervised during
supervised period 22
Division 7 -- Parole orders, general provisions
32. Parole order may relate to more than one term 22
33. Prisoner may refuse to be released on parole 23
34. Prisoner's acknowledgment or undertaking 23
35. Making parole order after refusal by prisoner 23
page ii
Sentence Administration Bill 2002
Contents
Division 8 -- Amendment of parole orders
36. Amending before release 24
37. Amendment of parole order during supervised period 24
Division 9 -- Suspension of parole orders
38. Suspension by CEO during supervised period 25
39. Suspension by Board during supervised period 25
40. Period of suspension 25
41. Suspension, effect on other parole orders 26
42. Prisoner to be notified 26
Division 10 -- Cancellation of parole orders
43. Cancellation before release 26
44. Cancellation by Board or CEO 27
45. Cancellation, prisoner to be notified 27
46. Cancellation, effect on other parole orders 28
Division 11 -- Miscellaneous
47. Decision to refuse etc. parole, Board may review 28
48. Parole ordered by Governor, Minister to be advised of
amendment, suspension or cancellation 29
49. Resolution of doubtful cases 29
Part 4 -- Re-entry release orders
50. Certain prisoners may apply to Board for RRO 31
51. CEO to report to Board about RRO applicants 31
52. Board may make RRO 32
53. Prisoner to be notified of refusal to make RRO 32
54. RRO, nature of 33
55. RRO, standard obligations 34
56. RRO, primary requirements 34
57. RRO, additional requirements 35
58. Prisoner's undertaking 35
59. CEO to ensure prisoner is supervised during RRO 36
60. Prisoner may be paroled or returned to custody after
RRO 36
61. Suspension by Board or CEO 37
62. Suspension, prisoner to be notified 38
63. Cancellation by Board 38
64. Cancellation, prisoner to be notified 38
page iii
Sentence Administration Bill 2002
Contents
Part 5 -- Provisions applying to early
release orders
Division 1 -- General
65. Period of early release order counts as time served 39
66. Prisoner under sentence until discharged 39
Division 2 -- Automatic cancellation
67. Cancellation automatic if prisoner imprisoned for
offence committed on early release order 40
Division 3 -- Consequences of suspension and
cancellation
68. Suspension, effect of 40
69. Cancellation, effect of 41
70. Returning prisoner to custody 42
71. Clean street time counts as time served 43
Division 4 -- Re-release after cancellation
72. Re-release after cancellation of order made by Board
or CEO 44
73. Re-release after cancellation of parole order made by
Governor 45
74. Parole period under new parole order deemed to be
time served 45
Part 6 -- Provisions applying to
offenders on community
corrections orders
75. Interpretation 46
76. Offender's obligations 46
77. Consequences of contravening the obligations 48
78. CEO may suspend requirements in case of illness etc. 48
79. Community service requirement, offender may be
directed to do activities 50
80. Programme requirement 50
81. Compensation for injury 51
82. Regulations 51
page iv
Sentence Administration Bill 2002
Contents
Part 7 -- Community corrections
centres
Division 1 -- Preliminary
83. Interpretation 52
84. Community corrections centres 52
85. Community corrections activities 52
Division 2 -- Management
86. CEO may issue written instructions 53
87. Supervisors of centres 53
88. Functions of CCOs at centres 54
89. Access to centres 55
90. Searches 56
91. Seizure 57
Division 3 -- Miscellaneous
92. Department to report on centres 57
93. Regulations 57
Part 8 -- Staff
Division 1 -- Chief executive officer
94. Functions 58
95. Delegation by CEO 58
96. CEO may confer functions of CCO on person 59
97. CEO to notify Board of certain breaches 59
Division 2 -- Other staff
98. Appointment 59
99. Volunteers 60
Division 3 -- Miscellaneous
100. Compensation for injury 60
101. Assistance by police officers 60
Part 9 -- Parole Board
102. Parole Board established 62
103. Membership 62
104. Secretary 62
105. Schedule 1 applies 62
106. Functions 62
107. Board to have powers of Royal Commission 63
page v
Sentence Administration Bill 2002
Contents
108. Orders by the Board 63
109. Board may require prisoner to appear before it 64
110. Issue of warrants by Board 64
111. Judicial notice of appointment and signature 64
112. Annual report to Minister 65
113. Special reports to Minister 65
Part 10 -- Miscellaneous
114. Reasons for decision may be withheld 66
115. Exclusion of rules of natural justice 66
116. Arrest warrant may be issued if warrant of
commitment in force 66
117. Issue and execution of warrants 67
118. Monitoring equipment 67
119. Secrecy 68
120. Protection from liability for wrongdoing 69
121. Regulations 69
Schedule 1 -- Provisions applying to the
Parole Board 70
1. Interpretation 70
2. Terms of office 70
3. Resignation 70
4. Deputies of members 71
5. Meetings 71
6. Remuneration and allowances 72
7. Leave of absence 72
Schedule 2 -- Prescribed offences 73
Defined Terms
page vi
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in committee)
Sentence Administration Bill 2002
A Bill for
An Act to provide for the administration of sentences and other
orders imposed on offenders.
The Parliament of Western Australia enacts as follows:
page 1
Sentence Administration Bill 2002
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Sentence Administration Act 2003.
2. Commencement
5 (1) Subject to subsection (3) and to section 2(3) of the Sentencing
Legislation Amendment and Repeal Act 2003 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) No part of this Act shall be proclaimed to come into operation
within 6 months of Part 5 of the Sentencing Legislation
Amendment and Repeal Act 2003 coming into operation.
3. This Act to be read with Sentencing Act 1995
This Act is to be read with the Sentencing Act 1995.
15 4. Interpretation and abbreviations
(1) If not defined in this Act words and expressions in this Act have
the same definitions as in the Sentencing Act 1995 and in
particular, in Part 13 of that Act.
(2) In this Act --
20 "Board" means the Parole Board;
"CEO parole order" means a parole order made by the CEO;
"CEO parole order (supervised)" means a CEO parole order
that specifies that it is supervised;
"CEO parole order (unsupervised)" means a CEO parole
25 order that specifies that it is unsupervised;
"community corrections activities" are activities approved as
such under section 85;
page 2
Sentence Administration Bill 2002
Preliminary Part 1
s. 4
"community corrections centre" means a place declared to be
a community corrections centre under section 84;
"community corrections officer" means a person appointed as
a community corrections officer under section 98 and
5 includes an honorary CCO;
"community order" means a community based order or an
intensive supervision order imposed under the Sentencing
Act 1995;
"department" means the department principally assisting the
10 Minister with the administration of this Act;
"departmental officer" means a person appointed under
section 98(1)(a);
"departmental staff " means the people appointed or engaged
under section 98 and the people authorised to work as
15 unpaid volunteers under section 99;
"early release order" means --
(a) a parole order; or
(b) a re-entry release order;
"honorary CCO" means a person appointed as a community
20 corrections officer under section 98(1)(b);
"parole order" means an order made under Part 3 that a
prisoner be released on parole and includes a parole order
made for the purposes of section 72 or 73;
"re-entry release order" means a re-entry release order made
25 under Part 4 and includes a re-entry release order made for
the purposes of section 72;
"release" means release from custody;
"serious offence" means an offence of the kind set out in
Schedule 2, other than such of those offences as have been
30 prescribed by the regulations as not to be a serious offence;
page 3
Sentence Administration Bill 2002
Part 1 Preliminary
s. 4
"work and development order" means a work and
development order made under Part 4 of the Fines,
Penalties and Infringement Notices Enforcement Act 1994.
(3) In this Act these abbreviations are used --
5 "CCO" for community corrections officer;
"CEO" for chief executive officer;
"RRO" for re-entry release order;
"WDO" for work and development order.
page 4
Sentence Administration Bill 2002
General matters about people in custody Part 2
Preliminary Division 1
s. 5
Part 2 -- General matters about people in custody
Division 1 -- Preliminary
5. Interpretation and calculations
In this Part words and expressions have the same definitions,
5 and calculations are to be made in the same way, as in Part 13 of
the Sentencing Act 1995.
Division 2 -- Matters affecting the service of terms
6. When a term begins
(1) Unless this section provides otherwise or an order is made under
10 section 87(d) or 88(3) of the Sentencing Act 1995, a term, other
than indefinite imprisonment, begins on the day it is imposed, or
if the prisoner is not then in custody, on the day he or she is
arrested under a warrant issued in respect of the sentence.
(2) If a term is cumulative on one or more other terms then that
15 term begins on the earliest date on which the prisoner could be
released in relation to the last to be served of those other terms,
whether or not the release would otherwise be under --
(a) a parole order; or
(b) a recognizance release order, or a parole order, made
20 under the Crimes Act 1914 of the Commonwealth.
7. Order of service of fixed terms
(1) In this section --
"fixed term" includes a period of imprisonment ordered under
section 58, 59 or 119A of the Sentencing Act 1995;
25 "non-parole period", in relation to a parole term, means the
period that under section 93(1) of the Sentencing Act 1995
the prisoner has to serve before he or she is eligible to be
released on parole.
page 5
Sentence Administration Bill 2002
Part 2 General matters about people in custody
Division 2 Matters affecting the service of terms
s. 7
(2) A prisoner sentenced to serve 2 or more fixed terms is to serve
those terms in this order --
(a) firstly, those that are not parole terms are to be served
according to whether they are concurrent, partly
5 concurrent or cumulative with one another;
(b) secondly, subject to section 94 of the Sentencing
Act 1995 and subsection (3), the non-parole periods of
those that are parole terms are to be served according to
whether those parole terms are concurrent, partly
10 concurrent or cumulative with one another;
(c) thirdly, subject to section 94 of the Sentencing Act 1995
and subsection (3), unless and until released on parole,
the balance of any parole terms after the end of any
non-parole periods are to be served --
15 (i) cumulatively if the terms are cumulative;
(ii) concurrently if the terms are concurrent or partly
concurrent.
(3) If after the commencement of Part 2 Division 4 of the
Sentencing Legislation Amendment and Repeal Act 2003 a
20 prisoner who is serving, or has yet to serve, a parole term
imposed before the commencement of that Division is
sentenced to serve another parole term, then --
(a) the non-parole periods of the terms are to be served
according to whether the parole terms are concurrent,
25 partly concurrent or cumulative with one another; and
(b) the balance of the parole terms after the end of any
non-parole periods are to be served concurrently
irrespective of whether the parole terms are concurrent,
partly concurrent or cumulative with one another.
30 (4) If while serving a fixed term a prisoner is sentenced to serve
another fixed term, other than a fixed term ordered to be served
partly concurrently with another term, service of the former is
page 6
Sentence Administration Bill 2002
General matters about people in custody Part 2
Matters affecting the service of terms Division 2
s. 8
suspended if necessary so that the terms can then be served in
the order required by subsection (1).
8. Effect of not being in custody
(1) A term does not elapse while a prisoner is at large, having
5 escaped lawful custody while serving it.
(2) A prisoner who is returned to lawful custody after having
escaped from it while serving a fixed term, must serve --
(a) the part of the term he or she had yet to serve at the time
of escaping; plus
10 (b) one-third of the lesser of --
(i) the period during which he or she was absent
from lawful custody; or
(ii) the period beginning on the date of escape and
ending on the date when, but for the escape, the
15 fixed term would have ended,
in addition to any term imposed for escaping lawful custody.
(3) A term does not elapse while a prisoner is not in lawful custody
unless this Act or another written law provides otherwise.
9. Effect of time before an appeal
20 (1) Any period that a prisoner spends on bail while he or she is
appealing against a conviction or a sentence does not count as time
served in respect of any term that the prisoner is liable to serve.
(2) Any period that a prisoner spends in custody while he or she is
appealing against a conviction or a sentence counts as time served
25 in respect of any term that he or she is then serving, but not in
respect of any other term that he or she is liable to serve.
10. No release if prisoner in custody for another matter
Despite this Act and the Sentencing Act 1995, a prisoner must
not be released (whether under an early release order or
30 otherwise) in respect of a term if at the time the release could be
page 7
Sentence Administration Bill 2002
Part 2 General matters about people in custody
Division 3 Reports about certain people in custody
s. 11
ordered he or she is by law required to be kept in custody in
respect of another matter.
Division 3 -- Reports about certain people in custody
11. Report to Minister about the place of custody for a person in
5 custody during Governor's pleasure
(1) At any time the Minister, in writing, may request the CEO to
provide a report of the kind mentioned in subsection (2).
(2) Whenever the CEO gets a written request to do so from the
Minister, or whenever the CEO thinks there are special
10 circumstances which justify doing so, the CEO must give the
Minister a written report on the place or places where a person
who is ordered to be detained in strict custody under section 282
of The Criminal Code is or should be detained in safe custody.
12. Report to Minister about a person in custody
15 (1) In this section --
"person in custody" means --
(a) a prisoner sentenced to a fixed term, whether a parole
term or not;
(b) a prisoner sentenced to a life term;
20 (c) a prisoner sentenced to indefinite imprisonment;
(d) a person in strict or safe custody by virtue of an order
made under section 282 of The Criminal Code.
(2) At any time the Minister, in writing, may request the Board to
report about a person in custody.
25 (3) The Board must give the Minister a written report about a
person in custody --
(a) whenever it gets a written request to do so from the
Minister;
page 8
Sentence Administration Bill 2002
General matters about people in custody Part 2
Releasing people in custody during the Governor's pleasure Division 4
s. 13
(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 "person in custody" in
5 subsection (1), at least once in every year.
(4) A report --
(a) must, if given under subsection (3)(a); and
(b) may, if given under subsection (3)(b) or (c),
recommend whether or not the Governor should be advised to
10 exercise any power vested in the Governor to release the person
in custody and, if release is recommended, the requirements or
conditions (if any) that should apply to the person's release.
(5) If a report under subsection (3) about a person in custody
recommends that the person be released, the report must, in
15 addition to any other matters the Board thinks fit, report --
(a) on the nature and circumstances of the offence that gave
rise to the person being in custody; and
(b) if parole is recommended --
(i) on the parole considerations (within the meaning
20 of section 16) relating to the person;
(ii) on the period for which the person should be on
parole; and
(iii) on the additional requirements (if any) to which
the person should be subject while on parole.
25 Division 4 -- Releasing people in custody during the
Governor's pleasure
13. 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
30 during the Governor's pleasure.
page 9
Sentence Administration Bill 2002
Part 2 General matters about people in custody
Division 4 Releasing people in custody during the Governor's pleasure
s. 14
14. Release may be by parole order
(1) The release by the Governor of a person 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
5 order made by the Governor.
(2) The parole order may not be made unless a report about the
person has been given by the Board to the Minister under
section 12.
(3) The release date is that set by the Governor.
10 (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.
(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
15 each House of Parliament within 15 sitting days of that House
after it is made.
page 10
Sentence Administration Bill 2002
Parole Part 3
Preliminary Division 1
s. 15
Part 3 -- Parole
Division 1 -- Preliminary
15. Interpretation
(1) In this Part --
5 "parole considerations" has the meaning given by section 16.
(2) In this Part 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.
16. Release on parole, matters to be considered
10 In this Part a reference to parole considerations in relation to a
sentence of imprisonment that a prisoner is serving or has yet to
serve and in respect of which the prisoner may be released on
parole is a reference to these considerations --
(a) the circumstances of the commission of, and the
15 seriousness of, the offence for which the sentence was
imposed;
(b) the behaviour of the prisoner when in custody serving
the sentence in so far as it may be relevant to
determining how the prisoner is likely to behave if
20 released on parole;
(c) whether the prisoner has participated in programmes
available to him or her when in custody and if not the
reasons for not doing so;
(d) the prisoner's performance when participating in any
25 such programme;
(e) the behaviour of the prisoner when subject to any
release order (as defined in section 89 of the Sentencing
Act 1995) made previously;
(f) the likelihood of the prisoner offending when he or she
30 is on parole;
page 11
Sentence Administration Bill 2002
Part 3 Parole
Division 2 Reports about certain people eligible for parole
s. 17
(g) the likelihood of the prisoner complying with the
standard obligations and any additional requirements of
a parole order;
(h) the degree of risk that the release of the prisoner would
5 appear to present to the personal safety of people in the
community or of any individual in the community;
(i) any other consideration that is or may be relevant to
whether the prisoner should be released on parole;
(j) any remarks by a court that has sentenced the offender
10 to imprisonment that are relevant to any of the above
matters.
Division 2 -- Reports about certain people eligible for parole
17. Parole term, CEO to report to Board about prisoner
(1) In the case of a prisoner serving a parole term the CEO must
15 give the Board a written report on the parole considerations
relating to the prisoner.
(2) The report must be given to the Board a reasonable period of
time before the date when the prisoner concerned is eligible to
be released on parole.
20 18. Life term or indefinite imprisonment, Board to report
periodically to Minister about prisoner
(1) In this section --
"prisoner" means a person serving a sentence described in
column 1 of the Table to this section.
25 (2) The Board must give the Minister a written report 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.
page 12
Sentence Administration Bill 2002
Parole Part 3
Reports about certain people eligible for parole Division 2
s. 18
(3) If a report 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) the parole considerations relating to the prisoner;
5 (b) the period for which the prisoner should be on parole;
and
(c) the additional requirements (if any) to which the
prisoner should be subject while on parole.
(4) A report under subsection (2) may recommend whether or not
10 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.
Table
When
subsequent
Type of sentence When report is due
reports are
due
Life imprisonment for 7 years after the term was Every 3 years
an offence other than imposed after that
murder or wilful
murder
Life imprisonment for At the end of the Every 3 years
murder minimum period set after that
under section 90(1) of the
Sentencing Act 1995
Life imprisonment for At the end of the Every 3 years
wilful murder minimum period set after that
under section 90(2) of the
Sentencing Act 1995
page 13
Sentence Administration Bill 2002
Part 3 Parole
Division 3 Parole in case of parole term
s. 19
When
subsequent
Type of sentence When report is due
reports are
due
Strict security life At the end of the Every 3 years
imprisonment, other minimum period set after that
than where, under under section 91(1) of the
section 91(3) of the Sentencing Act 1995
Sentencing Act 1995,
the prisoner has been
ordered to be
imprisoned for the
whole of his or her life
Indefinite One year after the day on Every 3 years
imprisonment which the sentence began after that
Division 3 -- Parole in case of parole term
19. Interpretation
In this Division --
"prisoner" means a prisoner serving a parole term.
5 20. Board may parole prisoner
(1) Before the day when, under section 93(1) of the Sentencing
Act 1995, a prisoner is eligible to be released on parole, the
Board must consider whether the prisoner should be released on
parole.
10 (2) If the Board, having regard to --
(a) the parole considerations relating to a prisoner;
(b) any report made by the CEO under section 17; and
(c) any other information about the prisoner brought to its
attention,
15 decides that it is appropriate to release the prisoner on parole, it
must make a parole order in respect of the prisoner.
page 14
Sentence Administration Bill 2002
Parole Part 3
Parole in case of short term Division 4
s. 21
(3) The release date in the order is that set by the Board, but it must
not be earlier than the day when, under section 93(1) of the
Sentencing Act 1995, the prisoner is eligible to be released on
parole.
5 (4) The parole period in the order is the period that begins on the day
when the prisoner is released and ends when the parole term ends.
(5) If the Board decides it is not appropriate to release a prisoner on
parole, it is not precluded from subsequently reconsidering
whether the prisoner should be released on parole.
10 21. Prisoner to be notified of postponement or refusal of parole
(1) If under section 20 the Board does not make a parole order in
which the release date is the day when, under section 93(1) of
the Sentencing Act 1995, the prisoner is eligible to be released
on parole, written notice of the decision must be given to the
15 prisoner as soon as practicable.
(2) The written notice must --
(a) subject to section 114, include the reasons for the
decision; and
(b) inform the prisoner of his or her right to make
20 submissions under subsection (3).
(3) The prisoner may make written submissions to the Board about
the Board's decision and reasons (if any are supplied).
Division 4 -- Parole in case of short term
22. Application
25 (1) This Division applies to a prisoner if and only if --
(a) the prisoner is serving one term and that term is less
than 12 months and is not a prescribed term; or
(b) the aggregate of terms the prisoner is serving or is yet to
serve is less than 12 months and neither or none of them
30 is a prescribed term.
page 15
Sentence Administration Bill 2002
Part 3 Parole
Division 4 Parole in case of short term
s. 23
(2) If subsection (1)(b) applies, a reference in this Part or Part 5, or
in section 85 of the Sentencing Act 1995, to the term of the
prisoner is taken as being a reference to the aggregate of terms.
23. CEO may parole prisoner
5 (1) In this section --
"prescribed prisoner" means a prisoner who --
(a) is serving a term for a serious offence;
(b) was released, whether on parole or otherwise, from
serving a term for a serious offence on a date in the
10 5 years preceding the commencement of the term that
the prisoner is serving; or
(c) was subject to an early release order that was made
under this Act or the Sentence Administration Act
1995 and that was cancelled under this Act or that
15 Act on a date in the 2 years preceding the
commencement of the term that the prisoner is
serving.
(2) A prisoner is eligible to be released on parole when he or she
has served one-half of his or her term.
20 (3) The CEO --
(a) may, in the case of a prescribed prisoner; and
(b) must, in any other case,
make a parole order in respect of the prisoner.
(4) In the case of a parole order made under subsection (3)(a), the
25 release date in the order is that set by the CEO, but it must not
be earlier than the day when, under subsection (2), the prisoner
is eligible to be released on parole.
(5) In the case of a parole order made under subsection (3)(b), the
release date is to be the day when, under subsection (2), the
30 prisoner is eligible to be released on parole.
page 16
Sentence Administration Bill 2002
Parole Part 3
Parole in case of short term Division 4
s. 24
(6) The parole period in a parole order made under subsection (3) is
the period that begins on the day when the prisoner is released
and ends when the term ends.
(7) A parole order made under subsection (3) must specify whether
5 it is supervised or unsupervised.
(8) The CEO is to have regard to the parole considerations relating
to the prisoner in deciding whether the parole order is to be
supervised or unsupervised.
(9) The following provisions do not apply to a CEO parole order
10 (unsupervised) --
(a) section 28(1)(b) and (3);
(b) section 29;
(c) section 30;
(d) section 31;
15 (e) section 37;
(f) Division 9.
(10) If the CEO decides it is not appropriate to release a prisoner
under subsection (3)(a), the CEO is not precluded from
subsequently reconsidering whether the prisoner should be
20 released on parole.
24. Prisoner to be notified of postponement or refusal of parole
(1) If under section 23(3)(a) the CEO does not make a parole order
in which the release date is the day when, under section 23(2),
the prisoner is eligible to be released on parole, written notice of
25 the decision must be given to the prisoner as soon as
practicable.
(2) The written notice must --
(a) subject to section 114, include the reasons for the
decision; and
30 (b) inform the prisoner of the effect of section 47
page 17
Sentence Administration Bill 2002
Part 3 Parole
Division 5 Parole in case of life term or indefinite imprisonment
s. 25
Division 5 -- Parole in case of life term or
indefinite imprisonment
25. Life imprisonment, Governor may parole prisoner
(1) The Governor may make a parole order in respect of a prisoner
5 serving life imprisonment but only if --
(a) the prisoner has served the minimum period set by the
court under section 90 of the Sentencing Act 1995; and
(b) a report about the prisoner has been given by the Board
to the Minister under section 12 or 18.
10 (2) The release date in the order is that set by the Governor.
(3) 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.
26. Strict security life imprisonment, Governor may parole
prisoner
15 (1) Unless a court has made an order under section 91(3) of the
Sentencing Act 1995, the Governor may make a parole order in
respect of a prisoner serving strict security life imprisonment
but only if --
(a) the prisoner has served the minimum period set by the
20 court under section 91(1) of that Act; and
(b) a report about the prisoner has been given by the Board
to the Minister under section 12 or 18.
(2) The release date in the order is that set by the Governor.
(3) The parole period in the order is to be set by the Governor and
25 must be at least 6 months and not more than 5 years.
(4) The Minister must cause a copy of every parole order made
under subsection (1) and a written explanation of the
circumstances giving rise to it to be tabled in each House of
Parliament within 15 sitting days of that House after it is made.
page 18
Sentence Administration Bill 2002
Parole Part 3
Parole orders Division 6
s. 27
27. Indefinite imprisonment, Governor may parole prisoner
(1) The Governor may make a parole order in respect of a prisoner
sentenced to be imprisoned indefinitely but only if a report
about the prisoner has been given by the Board to the Minister
5 under section 12 or 18.
(2) The release date in the parole order is that set by the Governor.
(3) The parole period in the parole order is to be set by the
Governor and must be at least 6 months and not more than
5 years.
10 Division 6 -- Parole orders
28. Parole order, nature of
(1) A parole order is an order that on a release date specified in the
order a prisoner is to be released on parole for a parole period
specified in the order if he or she --
15 (a) acknowledges in writing that he or she understands the
general effect of Part 5 Divisions 2 and 3 should the
order be cancelled; and
(b) gives a written undertaking that during the supervised
period specified in the order he or she will comply with --
20 (i) the standard obligations in section 29; and
(ii) any of the additional requirements in section 30
that are specified in the parole order.
(2) The supervised period of a parole order made in respect of a
parole term is to be determined from the Table to this subsection
25 according to the length of the parole term and the parole period
specified in the order.
page 19
Sentence Administration Bill 2002
Part 3 Parole
Division 6 Parole orders
s. 29
Table
Parole term Parole period Supervised period =
months Parole period
months
> 6 months 6 months
> 18 months and 1/3 parole term Parole period
months > 1/3 parole term 1/3 parole term
> 48 months months Parole period
> 24 months 24 months
Note: VLJQLILHV OHVV WKDQ RU HTual to
> signifies greater than
(3) The supervised period of a parole order that is not made in
5 respect of a parole term is the whole of the parole period.
(4) For the purposes of this section, to calculate the length in days
of one-third of a parole term --
(a) determine the dates on which the term as imposed by the
court will begin and end and then express the term as a
10 number of days ("T"); and
(b) then divide T by 3 and disregard any remainder.
29. Parole order, standard obligations
The standard obligations of a parole order are that the
prisoner --
15 (a) must report to a community corrections centre within
72 hours after being released, or as otherwise directed
by a CCO;
(b) must notify a CCO of any change of address or place of
employment within 2 clear working days after the
20 change; and
(c) must comply with section 76.
page 20
Sentence Administration Bill 2002
Parole Part 3
Parole orders Division 6
s. 30
30. Parole order, additional requirements
A parole order may contain such of these additional
requirements as the Board, the CEO or the Governor (as the
case may be) thinks fit --
5 (a) a requirement as to where the prisoner must reside;
(b) requirements to protect any victim of an offence
committed by the prisoner from coming into contact
with the prisoner;
(c) a requirement that the prisoner wear any device for
10 monitoring purposes;
(d) a requirement that the prisoner permit the installation of
any device or equipment at the place where the prisoner
resides for monitoring purposes;
(e) a requirement that, if the CEO so directs, the prisoner --
15 (i) wear any device for monitoring purposes;
(ii) permit the installation of any device or
equipment at the place where the prisoner resides
for monitoring purposes;
(f) a requirement that the prisoner must not leave Western
20 Australia except with and in accordance with the written
permission of the CEO;
(g) requirements to facilitate the prisoner's rehabilitation;
(h) a requirement that the prisoner must, in each period of
7 days, do the prescribed number of hours of community
25 corrections activities;
(i) a requirement that the prisoner must --
(i) seek or engage in gainful employment or in
vocational training; or
(ii) engage in gratuitous work for an organisation
30 approved by the CEO;
(j) prescribed requirements.
page 21
Sentence Administration Bill 2002
Part 3 Parole
Division 7 Parole orders, general provisions
s. 31
31. CEO to ensure parolee is supervised during
supervised period
(1) The CEO must ensure that during the supervised period of a
parole order a CCO is assigned to supervise the prisoner.
5 (2) However, if at any time the CEO is satisfied that --
(a) the prisoner is complying with his or her undertaking in
a satisfactory manner; and
(b) the risk of the prisoner re-offending if not subject to
supervision by a CCO is minimal,
10 the CEO may --
(c) in the case of a CEO parole order (supervised), cease the
supervision of the prisoner; or
(d) in any other case, recommend to the Board that the
prisoner no longer be supervised by a CCO.
15 (3) If the CEO makes a recommendation under subsection (2)(d),
the Board may direct the CEO that the prisoner need no longer
be supervised during the supervised period and the CEO may
cease the supervision of the prisoner.
(4) If the CEO ceases the supervision of a prisoner, the CEO is to
20 inform the prisoner.
(5) The fact that a prisoner ceases to be under supervision does not
affect the prisoner's duty to obey the requirements of his or her
undertaking during the supervised period.
(6) The Board at any time may cancel a direction given to the CEO
25 under subsection (3).
Division 7 -- Parole orders, general provisions
32. Parole order may relate to more than one term
A parole order may relate to more than one term.
page 22
Sentence Administration Bill 2002
Parole Part 3
Parole orders, general provisions Division 7
s. 33
33. Prisoner may refuse to be released on parole
(1) A parole order is not to be made in respect of a prisoner if the
prisoner has given written notice that he or she does not want to
be released on parole.
5 (2) In the case of a prisoner to whom Division 4 applies the written
notice must be given to the CEO.
(3) In any other case, the written notice must be given to the Board
which, if the parole order is to be made by the Governor, must
forward it to the Minister.
10 34. Prisoner's acknowledgment or undertaking
A prisoner must give the written acknowledgment or
undertaking required by a parole order, or both, on or before the
release date specified in it and if he or she does not, the parole
order is to be taken as having been cancelled.
15 35. Making parole order after refusal by prisoner
(1) If --
(a) a parole order was not made in respect of a prisoner
because the prisoner gave notice under section 33(1); or
(b) a parole order was cancelled by the operation of
20 section 34,
and the prisoner subsequently gives written notice that he or she
wants to be released on parole and is prepared to give the
written acknowledgment or undertaking or both, the Board, the
CEO or the Governor (as the case may be) may then make a
25 parole order.
(2) In the case of a prisoner to whom Division 4 applies the written
notice must be given to the CEO.
(3) In any other case, the written notice must be given to the Board
which, if the parole order is to be made by the Governor, must
30 forward it to the Minister.
page 23
Sentence Administration Bill 2002
Part 3 Parole
Division 8 Amendment of parole orders
s. 36
(4) The release date in a parole order made under subsection (1) is
that set by the Board, the CEO or the Governor (as the case may
be).
(5) If the parole order is to be made in respect of a parole term, then
5 section 20(4) applies.
(6) If Division 4 applies to the prisoner, then section 23(6) applies.
Division 8 -- Amendment of parole orders
36. Amending before release
A parole order may be amended after it is made and before the
10 prisoner concerned is released under it --
(a) by the Board, if it was made by the Board;
(b) by the CEO, if it was made by the CEO; or
(c) by the Governor or the Board, if it was made by the
Governor.
15 37. Amendment of parole order during supervised period
(1) If a parole order was made by the Board or the Governor, the
Board may amend the order at any time during the supervised
period of the order.
(2) The CEO may amend a CEO parole order (supervised) at any
20 time during the period of the order.
(3) If a parole order is amended, the amended order applies
accordingly.
(4) Written notice of the decision to amend the order is to be given
to the prisoner by the Board or the CEO, as the case may be, as
25 soon as practicable.
page 24
Sentence Administration Bill 2002
Parole Part 3
Suspension of parole orders Division 9
s. 38
Division 9 -- Suspension of parole orders
38. Suspension by CEO during supervised period
(1) The CEO may, at any time during the supervised period of a
parole order, suspend the parole order, irrespective of whether it
5 was made by the CEO, by the Board or by the Governor.
(2) Written notice of the decision to suspend is to be given by the
CEO to the Board within 3 working days after the decision and
in any event before the end of the supervised period.
(3) The written notice must include reasons for the decision.
10 (4) Subsection (2) does not apply to a CEO parole order
(supervised).
39. Suspension by Board during supervised period
(1) The Board may, at any time during the supervised period of a
parole order, suspend the parole order, irrespective of whether it
15 was made by the Board or by the Governor.
(2) Subsection (1) does not apply to a CEO parole order
(supervised).
40. Period of suspension
(1) If under section 38 the CEO, or under section 39 the Board,
20 suspends a parole order made by the Board or the Governor --
(a) the Board is to set the period of suspension;
(b) the period of suspension may be for a fixed or indefinite
period, as the Board thinks fit; and
(c) the Board may cancel the suspension at any time before
25 the suspension period ends.
(2) If under section 38 the CEO suspends a CEO parole order
(supervised) --
(a) the CEO is to set the period of suspension;
page 25
Sentence Administration Bill 2002
Part 3 Parole
Division 10 Cancellation of parole orders
s. 41
(b) the period may be for a fixed or indefinite period, as the
CEO thinks fit; and
(c) the CEO may cancel the suspension at any time before
the suspension period ends.
5 41. Suspension, effect on other parole orders
When a parole order is suspended any parole order applicable to
the prisoner when the order is suspended is suspended by virtue
of this section, irrespective of whether it had taken effect or not.
42. Prisoner to be notified
10 (1) If under this Division a parole order made by the Board or the
Governor is suspended, written notice of the decision to suspend
is to be given by the Board to the prisoner as soon as practicable
after he or she is returned to custody.
(2) If under this Division a CEO parole order is suspended, written
15 notice of the decision to suspend is to be given by the CEO to
the prisoner as soon as practicable after he or she is returned to
custody.
(3) The written notice under subsection (1) or (2) must --
(a) subject to section 114, include the reasons for the
20 decision; and
(b) inform the prisoner of the effect of section 47.
Division 10 -- Cancellation of parole orders
43. Cancellation before release
(1) A parole order may be cancelled after it is made and before the
25 prisoner concerned is released under it --
(a) by the Board, if it was made by the Board; or
(b) by the Governor or the Board, if it was made by the
Governor.
page 26
Sentence Administration Bill 2002
Parole Part 3
Cancellation of parole orders Division 10
s. 44
(2) A CEO parole order made under section 23(3)(a) may be
cancelled by the CEO after it is made and before the prisoner
concerned is released under it.
44. Cancellation by Board or CEO
5 (1) Subject to subsection (2), the Board may cancel a parole order
made by the Board or the Governor at any time during the
parole period.
(2) The Board's power to cancel cannot be exercised after the
supervised period of the parole order unless, during the parole
10 period, the prisoner is charged with or is convicted of an
offence.
(3) Subject to subsection (4), the CEO may cancel a CEO parole
order at any time during the parole period.
(4) If the parole order is a CEO parole order (unsupervised), the
15 CEO's power to cancel cannot be exercised unless, during the
parole period, the prisoner is charged with or is convicted of an
offence.
45. Cancellation, prisoner to be notified
(1) If under section 43(1) or 44(1) a parole order is cancelled,
20 written notice of the decision to cancel is to be given by the
Board to the prisoner as soon as practicable.
(2) If under section 43(2) or 44(3) a parole order is cancelled,
written notice of the decision to cancel is to be given by the
CEO to the prisoner as soon as practicable.
25 (3) The written notice under subsection (1) or (2) must --
(a) subject to section 114, include the reasons for the
decision; and
(b) inform the prisoner of the effect of section 47.
page 27
Sentence Administration Bill 2002
Part 3 Parole
Division 11 Miscellaneous
s. 46
46. Cancellation, effect on other parole orders
If under section 43 or 44 a parole order is cancelled, any parole
order applicable to the prisoner when the order is cancelled is
cancelled by virtue of this section, irrespective of whether it had
5 taken effect or not.
Division 11 -- Miscellaneous
47. Decision to refuse etc. parole, Board may review
(1) A prisoner given notice under section 42(1) or 45(1) of a
decision of the Board may request the Board to review its
10 decision and may make submissions to the Board about its
decision and reasons (if any are supplied).
(2) A prisoner given notice under section 24(1), 42(2) or 45(2) of a
decision of the CEO may request the Board to review the CEO's
decision and may make submissions to the Board about the
15 CEO's decision and reasons (if any are supplied).
(3) Any such request or submissions must be made in writing.
(4) On a request made under subsection (1), the Board must
consider any such submissions and review its decision and may
confirm or amend it or cancel it and make another decision.
20 (5) On a request made under subsection (2), the Board must
consider any such reasons and submissions and review the
CEO's decision and may confirm it or --
(a) if the CEO's decision was made under section 23(3)(a),
make a parole order in accordance with section 23 as if
25 it were the CEO;
(b) if the CEO's decision was made under section 38(1),
cancel or amend it; or
(c) if the CEO's decision was made under section 44(3),
make a parole order in accordance with section 23 as if
30 it were the CEO.
page 28
Sentence Administration Bill 2002
Parole Part 3
Miscellaneous Division 11
s. 48
(6) Any such parole order made by the Board is to be taken to be a
CEO parole order for the purposes of this Act.
(7) The Board must give the prisoner written notice of its decision
on a review conducted under this section.
5 48. Parole ordered by Governor, Minister to be advised of
amendment, suspension or cancellation
(1) If in respect of a prisoner subject to a parole order made by the
Governor --
(a) under section 31, the Board --
10 (i) directs the CEO that the prisoner need no longer
be supervised during the supervised period; or
(ii) cancels such a direction;
(b) under section 36 or 37, the order is amended;
(c) under Division 9, the order is suspended and the
15 suspension is not cancelled by the Board within 30 days
afterwards; or
(d) under Division 10, the order is cancelled,
the Board must give the Minister as soon as practicable --
(e) written notice of and reasons for the decision and a
20 summary of any submissions made by the prisoner
under section 47; and
(f) if the parole order has been cancelled, a report
containing a recommendation as to whether or not the
Governor should be advised to again exercise the power
25 to release the prisoner on parole.
(2) The Governor may cancel a decision referred to in
subsection (1).
49. Resolution of doubtful cases
(1) If a doubt or difficulty arises to which this section applies and
30 neither this Act nor the Sentencing Act 1995 nor the Sentencing
page 29
Sentence Administration Bill 2002
Part 3 Parole
Division 11 Miscellaneous
s. 49
Legislation Amendment and Repeal Act 2003 makes adequate
provision for it, the CEO may apply in a summary way to a
Judge of the Supreme Court for an order resolving the doubt or
difficulty.
5 (2) On such an application the Judge may make any order he or she
considers just and for that purpose may make a declaration as
to --
(a) the length of any term, any part of a term, or any parole
period;
10 (b) any date relevant to a sentence of imprisonment or to the
parole or release of a prisoner; or
(c) the manner in which the Board or the CEO is to
determine such matters.
(3) This section applies to doubts or difficulties as to --
15 (a) the effect of any sentence of imprisonment, including
the date it commences, how it is served in relation to
other such sentences, when it ends, and when it has been
or has been deemed to have been served;
(b) any matter relating to parole, including the date when a
20 prisoner is eligible to be released on parole, the parole
period applicable in any case, the supervision period
applicable in any case and the effect of the suspension or
cancellation of parole; or
(c) the term to be served by a prisoner who escapes from
25 lawful custody,
irrespective of when the sentence was imposed.
page 30
Sentence Administration Bill 2002
Re-entry release orders Part 4
s. 50
Part 4 -- Re-entry release orders
50. Certain prisoners may apply to Board for RRO
A prisoner may apply to the Board to be released under a re-
entry release order if --
5 (a) he or she is at least 17 years of age;
(b) he or she is not serving a life term or indefinite
imprisonment;
(c) he or she is not a person referred to in section 14(1);
(d) at the release date that would be specified in the RRO if it
10 were made, he or she will have been in custody under
sentence for a continuous period of at least 12 months; and
(e) within 6 months after the release date that would be
specified in the RRO if it were made, he or she would in
any event be eligible for release (whether under a parole
15 order or not).
51. CEO to report to Board about RRO applicants
(1) The CEO must report to the Board about every prisoner who
applies to be released under an RRO.
(2) A report by the CEO under subsection (1) must be given to the
20 Board as soon as practicable after a prisoner applies to be
released under an RRO.
(3) A report by the CEO under subsection (1) must report about the
risk that the release of the prisoner under an RRO will or may
pose to the personal safety of people in the community or of any
25 individual in the community.
page 31
Sentence Administration Bill 2002
Part 4 Re-entry release orders
s. 52
52. Board may make RRO
(1) The Board must consider the case of every prisoner who applies to
be released under an RRO and may, in respect of such a
prisoner --
5 (a) make an RRO to come into effect on a date specified by
the Board;
(b) defer the making of an RRO; or
(c) refuse to make an RRO.
(2) The Board must not make an RRO in respect of a prisoner
10 unless satisfied that the prisoner is a person whose release
would pose a low risk to the personal safety of people in the
community or of any individual in the community.
(3) 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
15 nevertheless make an RRO in respect of the prisoner if satisfied
that the personal safety of people in the community or of any
individual in the community would be better assured if the
prisoner were released under an RRO instead of at the time
when he or she would otherwise have to be released.
20 (4) Except with the prior approval of the Governor, an RRO must
not be made in respect of a prisoner serving a fixed term, or an
aggregate of fixed terms, of more than 15 years.
(5) An RRO may relate to more than one term.
53. Prisoner to be notified of refusal to make RRO
25 (1) If the Board refuses to make an RRO, written notice of the
decision is to be given by the Board to the prisoner as soon as
practicable.
(2) The written notice must --
(a) subject to section 114, include the reasons for the
30 decision; and
page 32
Sentence Administration Bill 2002
Re-entry release orders Part 4
s. 54
(b) inform the prisoner of his or her right to make
submissions under subsection (3).
(3) A prisoner whose release on an RRO has been refused may
make written submissions to the Board about the Board's
5 decision and the reasons for it (if any are supplied).
(4) The Board must consider the submissions and may make a
further decision under section 52.
54. RRO, nature of
(1) An RRO is an order that on a release date specified in the order
10 a prisoner is to be released if he or she --
(a) acknowledges in writing that he or she understands the
general effect of Part 5 Divisions 2 and 3 should the
order be cancelled;
(b) gives a written undertaking that while the RRO is in
15 force he or she will comply with --
(i) the standard obligations in section 55;
(ii) such of the primary requirements in section 56 as
the RRO contains; and
(iii) any additional requirements imposed by the
20 Board under section 57.
(2) An RRO ceases to be in force when the period of the RRO ends,
or when it is cancelled, whichever happens first.
(3) The period of an RRO is the period --
(a) beginning on the day when the prisoner is released
25 under the RRO; and
(b) ending on the first to occur of --
(i) the release date in a parole order made in respect
of the prisoner;
(ii) the date when under section 93 or 95 of the
30 Sentencing Act 1995, the prisoner must be
released.
page 33
Sentence Administration Bill 2002
Part 4 Re-entry release orders
s. 55
(4) A prisoner who is released under an RRO is nevertheless still
subject to the sentence or sentences of imprisonment to which
the RRO relates.
55. RRO, standard obligations
5 The standard obligations of an RRO are that the prisoner --
(a) must report to a community corrections centre within 72
hours after being released, or as otherwise directed by a
CCO;
(b) must, in each period of 7 days, do the prescribed number
10 of hours of community corrections activities;
(c) must not leave the State;
(d) must not change address or place of employment
without the prior permission of a CCO; and
(e) must comply with section 76.
15 56. RRO, primary requirements
(1) Every RRO must contain at least one of these primary
requirements --
(a) a requirement that the prisoner must --
(i) seek or engage in gainful employment or in
20 vocational training; or
(ii) engage in gratuitous work for an organisation
approved by the CEO;
(b) a requirement that the prisoner must engage in activities,
as ordered by a CCO, that will facilitate the prisoner's
25 re-entry into the community after being released from
custody.
page 34
Sentence Administration Bill 2002
Re-entry release orders Part 4
s. 57
(2) If a requirement under subsection (1)(b) is included in an RRO,
a CCO may give the prisoner any reasonable order that the CCO
considers will facilitate the prisoner's re-entry into the
community, including but not limited to the following --
5 (a) an order to attend educational, vocational, or personal
development programmes or courses;
(b) an order to undergo counselling in relation to
behavioural matters.
57. RRO, additional requirements
10 (1) The Board may impose such additional requirements as it thinks
fit in an RRO.
(2) Without limiting the generality of subsection (1), additional
requirements may include --
(a) requiring the prisoner to wear any device for monitoring
15 purposes;
(b) requiring the prisoner to permit the installation of any
device or equipment at the place where the prisoner
resides for monitoring purposes.
58. Prisoner's undertaking
20 (1) A prisoner must give the written acknowledgment and
undertaking required by section 54 on or before the release date
specified in the RRO and if he or she does not, the RRO is to be
taken as having been cancelled.
(2) If an RRO is cancelled by the operation of subsection (1) and
25 the prisoner subsequently gives the Board written notice that he
or she is prepared to give the required written acknowledgment
and undertaking, the Board, if it thinks fit, may then make an
RRO.
page 35
Sentence Administration Bill 2002
Part 4 Re-entry release orders
s. 59
59. CEO to ensure prisoner is supervised during RRO
(1) The CEO must ensure that during the period of an RRO a CCO
is assigned to supervise the prisoner.
(2) However, if at any time the CEO is satisfied that --
5 (a) the prisoner is complying with his or her undertaking in
a satisfactory manner; and
(b) the risk of the prisoner re-offending if not subject to
supervision by a CCO is minimal,
the CEO may recommend to the Board that the prisoner no
10 longer be supervised by a CCO.
(3) If the CEO makes a recommendation under subsection (2), the
Board may direct the CEO that the prisoner need no longer be
supervised during the period of the RRO and the CEO may
cease the supervision of the prisoner.
15 (4) If the CEO ceases the supervision of a prisoner the CEO is to
inform the prisoner.
(5) The fact that a prisoner ceases to be under supervision does not
affect the prisoner's duty to obey the requirements of his or her
undertaking during the period of the RRO.
20 (6) The Board may at any time cancel a direction given to the CEO
under subsection (3).
60. Prisoner may be paroled or returned to custody after RRO
(1) The making of an RRO does not affect the operation of Part 3.
(2) If under Part 3 the Board refuses to make a parole order, or if a
25 prisoner subject to an RRO refuses to be released on parole or to
give the written acknowledgment or undertaking, or both,
required by a parole order, the Board may cancel the RRO.
page 36
Sentence Administration Bill 2002
Re-entry release orders Part 4
s. 61
61. Suspension by Board or CEO
(1) The Board or the CEO may suspend an RRO at any time during
the period of the order.
(2) The period of suspension may be for a fixed or indefinite period
5 as the Board or the CEO (as the case may be) thinks fit.
(3) Without limiting subsection (1), if a prisoner subject to an RRO
is charged with or convicted of an offence, or if the CEO is
satisfied that a prisoner has failed to comply with a requirement
of an RRO, the CEO may do either or both of the following --
10 (a) suspend the RRO;
(b) refer the prisoner's case to the Board for consideration.
(4) If the CEO suspends the RRO of a prisoner who is charged with
an offence the CEO must, when the charge has been
determined --
15 (a) if the prisoner is not convicted of the charge -- cancel
the suspension; or
(b) if the prisoner is convicted of the charge --
(i) cancel the suspension;
(ii) suspend the order for a further period; or
20 (iii) refer the prisoner's case to the Board for
consideration.
(5) If the CEO suspends an RRO for a fixed period of one month or
more, or if an indefinite suspension extends for a month, the
CEO must refer the prisoner's case to the Board to consider.
25 (6) If the CEO suspends an RRO and the prisoner's case is not
referred to the Board, the CEO may cancel the suspension of the
RRO at any time before the suspension ends.
(7) If the Board suspends an RRO, it may cancel the suspension at
any time before the suspension ends.
page 37
Sentence Administration Bill 2002
Part 4 Re-entry release orders
s. 62
(8) If the case of a prisoner is referred to the Board, the Board may
vary the suspension period of or cancel the CEO's suspension
order, or cancel the RRO.
62. Suspension, prisoner to be notified
5 Written notice of a decision to suspend an RRO is to be given
by the Board or the CEO (as the case may be) to the prisoner as
soon as practicable.
63. Cancellation by Board
(1) The Board may cancel an RRO at any time during the period of
10 the order.
(2) Without limiting subsection (1) or affecting the operation of
section 67 the Board may cancel an RRO if, during the period of
the order, the prisoner is charged with or is convicted of an
offence.
15 64. Cancellation, prisoner to be notified
(1) If an RRO is cancelled, written notice of the decision to cancel
is to be given by the Board to the prisoner as soon as
practicable.
(2) The written notice must, subject to section 114, include the
20 reasons for the decision.
page 38
Sentence Administration Bill 2002
Provisions applying to early release orders Part 5
General Division 1
s. 65
Part 5 -- Provisions applying to early release orders
Division 1 -- General
65. Period of early release order counts as time served
If during the period of an early release order --
5 (a) the prisoner does not commit an offence (in this State or
elsewhere) for which he or she is sentenced to
imprisonment (whether the sentence is imposed during
or after that period); and
(b) the early release order is not cancelled,
10 then the period of the early release order is to be taken as time
served in respect of the term or terms to which the early release
order relates.
66. Prisoner under sentence until discharged
(1) Subject to this Part, a person sentenced to imprisonment and
15 released under an early release order remains under and subject
to that sentence until discharged from it.
(2) Subject to this Part, a person sentenced to imprisonment is
discharged from the sentence --
(a) if released under a parole order -- at the end of the
20 parole period; or
(b) if released under an RRO -- at the end of the period of
the RRO unless the sentence is a parole term.
(3) Subsections (1) and (2) do not affect the operation of section 65
and Divisions 2 and 3.
page 39
Sentence Administration Bill 2002
Part 5 Provisions applying to early release orders
Division 2 Automatic cancellation
s. 67
Division 2 -- Automatic cancellation
67. Cancellation automatic if prisoner imprisoned for offence
committed on early release order
(1) If a prisoner, while subject to an early release order, commits an
5 offence (in this State or elsewhere) and is sentenced to
imprisonment for that offence --
(a) any early release order applicable to the prisoner when
the offence was committed is cancelled by virtue of this
section; and
10 (b) any early release order made in respect of the prisoner
on or after the date on which the offence was committed
and before the sentence of imprisonment was imposed is
cancelled by virtue of this section, irrespective of
whether it had taken effect or not.
15 (2) For the purposes of subsection (1) it does not matter if the
sentence of imprisonment for the offence committed while
subject to the early release order is imposed on the prisoner --
(a) after the period of the order; or
(b) after the date when, but for the cancellation of the order
20 by virtue of subsection (1), the prisoner would have
served or be taken to have served the term to which the
order relates.
Division 3 -- Consequences of suspension and cancellation
68. Suspension, effect of
25 (1) If an early release order in respect of a prisoner serving a fixed
term is suspended, the prisoner is then liable to resume serving
the fixed term in custody and, unless the suspension ceases, is
not entitled to be released until he or she has served the whole
of that term.
page 40
Sentence Administration Bill 2002
Provisions applying to early release orders Part 5
Consequences of suspension and cancellation Division 3
s. 69
(2) If an early release order in respect of a prisoner serving a life
term is suspended, the prisoner is then liable to resume serving
the life term in custody.
(3) The suspension of an early release order ceases at the end of the
5 suspension period or when, before then, the suspension is
cancelled.
(4) When the suspension of an early release order ceases, the early
release order and any other early release order taken to be
suspended again have effect unless during the period of
10 suspension the early release order was itself cancelled.
(5) Nothing in this section prevents another early release order
being made under this Act in respect of a prisoner.
69. Cancellation, effect of
(1) If an early release order in respect of a prisoner serving a fixed
15 term is cancelled after the prisoner is released under the order,
the prisoner is then liable to resume serving the fixed term in
custody and is not entitled to be released until he or she has
served the whole of that term.
(2) If a parole order in respect of a prisoner serving a life term is
20 cancelled after the prisoner is released under the order, the
prisoner is then liable to resume serving the life term in custody.
(3) If a parole order in respect of a prisoner serving indefinite
imprisonment is cancelled after the prisoner is released under
the order, the prisoner is then liable to resume serving the
25 indefinite imprisonment in custody.
(4) If a parole order in respect of a person referred to in
section 14(1) is cancelled after the person is released under the
order, the person is liable to be again kept in strict or safe
custody at the Governor's pleasure.
30 (5) Subject to Division 4, this section does not prevent another early
release order being made in respect of a prisoner.
page 41
Sentence Administration Bill 2002
Part 5 Provisions applying to early release orders
Division 3 Consequences of suspension and cancellation
s. 70
70. Returning prisoner to custody
(1) When an early release order is suspended or cancelled, the
warrant of commitment that relates to the sentence of
imprisonment to which the early release order relates is again in
5 force and the prisoner may be arrested and kept in custody
under that warrant.
(2) Despite subsection (1), if an early release order is suspended or
cancelled as mentioned in subsection (1), a warrant to have the
prisoner arrested and returned to custody may be issued,
10 whenever necessary during the period of the order --
(a) by a Supreme Court Judge or a District Court Judge;
(b) by the Board if it suspended or cancelled the order; or
(c) by the CEO if the CEO suspended or cancelled the
order.
15 (3) If a warrant under subsection (2) is issued because of the
suspension of an early release order, the prisoner may be
arrested, whether under that warrant or under the warrant of
commitment referred to in subsection (1), at any time during the
period of the order.
20 (4) Notwithstanding section 65 or 74, if a warrant under
subsection (2) is issued because of the cancellation of an early
release order, the prisoner may be arrested, whether under that
warrant or under the warrant of commitment referred to in
subsection (1), at any time --
25 (a) during or after the period of the order; or
(b) after the date when, but for the cancellation of the order,
the prisoner would have served or be taken to have
served the term or terms to which the order relates.
page 42
Sentence Administration Bill 2002
Provisions applying to early release orders Part 5
Consequences of suspension and cancellation Division 3
s. 71
71. Clean street time counts as time served
(1) Subject to subsection (2), if an early release order in respect of a
prisoner serving a fixed term is cancelled after the prisoner is
released under the order --
5 (a) the period beginning on the day when the prisoner was
released under the order and ending on the day when the
order is cancelled counts as time served in respect of the
fixed term; and
(b) the period (if any) beginning on the day when the order
10 is cancelled and ending on the day when the prisoner
concerned is returned to custody does not count as time
served in respect of the fixed term.
(2) If an early release order in respect of a prisoner serving a fixed
term is suspended and, without the suspension ceasing, is
15 subsequently cancelled, then --
(a) the period beginning on the day when the prisoner was
released under the order and ending on the day when the
order is suspended counts as time served in respect of
the fixed term;
20 (b) the period (if any) beginning on the day when the order
is suspended and ending on the day when the prisoner is
returned to custody does not count as time served in
respect of the fixed term.
(3) For the purposes of subsection (1), the day when an early
25 release order is cancelled is --
(a) if it is cancelled by a decision of the Board or the CEO
(as the case may be) -- the day of the decision; or
(b) if it is cancelled by virtue of section 67 --
(i) the day when the offence that resulted in the
30 cancellation was committed; or
page 43
Sentence Administration Bill 2002
Part 5 Provisions applying to early release orders
Division 4 Re-release after cancellation
s. 72
(ii) if the CEO cannot ascertain the day when that
offence was committed -- the latest day on
which that offence could have been committed,
as determined by the CEO.
5 (4) For the purposes of subsection (2), the day when an early
release order is suspended is the day of the decision to suspend
the order.
Division 4 -- Re-release after cancellation
72. Re-release after cancellation of order made by Board or
10 CEO
(1) If an early release order made by the Board or the CEO --
(a) is cancelled under section 43, 44 or 63; or
(b) is cancelled by virtue of section 67,
then the Board or the CEO, as the case may be, may, subject to
15 Parts 3 and 4, subsequently make another early release order in
respect of the prisoner.
(2) If the subsequent early release order is a parole order --
(a) the parole period in it is the period that begins on the
day when the prisoner is released and ends when the
20 term ends;
(b) if it is made by the Board, the supervised period of it is
to be such period of it as the Board decides but must
not --
(i) end after the parole term ends; or
25 (ii) be longer than 24 months;
and
(c) if it is a CEO parole order (supervised), the supervised
period of it is the whole of it.
page 44
Sentence Administration Bill 2002
Provisions applying to early release orders Part 5
Re-release after cancellation Division 4
s. 73
73. Re-release after cancellation of parole order made by
Governor
(1) If a parole order made by the Governor is cancelled under
section 43 or 44 or by virtue of section 67, the Governor may
5 subsequently make another parole order in respect of the
prisoner.
(2) The parole period in the subsequent parole order is to be set by
the Governor and must be at least 6 months, not more than
5 years, and not longer than the parole period of the cancelled
10 parole order.
(3) The supervised period of the subsequent parole order is to be
such period as the Governor decides.
74. Parole period under new parole order deemed to be time
served
15 If --
(a) for the purposes of section 72 or 73 a parole order is
made in respect of a prisoner;
(b) the Board or the CEO does not cancel the parole order
under Part 3 Division 10; and
20 (c) the prisoner does not commit an offence (in this State or
elsewhere) during the parole period for which he or she
is sentenced to imprisonment (whether the sentence is
imposed during or after the parole period),
then the prisoner is taken to have served the term, or the
25 aggregate of terms, to which the parole order relates.
page 45
Sentence Administration Bill 2002
Part 6 Provisions applying to offenders on community corrections
orders
s. 75
Part 6 -- Provisions applying to offenders on
community corrections orders
75. Interpretation
In this Part --
5 "centre" means a community corrections centre;
"community corrections order" means a community order, a
parole order, an RRO or a WDO.
76. Offender's obligations
(1) In this section and section 77 --
10 "offender" means an offender who is subject to a pre-sentence
order or a community corrections order.
(2) An offender must comply with the lawful orders or directions of
any CCO.
(3) An offender who under a community corrections order is
15 required --
(a) to do community work --
(i) must do such community work as the supervisor
of a centre determines and directs; and
(ii) must do that work to the satisfaction of the
20 person supervising the work;
(b) to do community corrections activities --
(i) must do such community corrections activities as
the supervisor of a centre determines and directs;
and
25 (ii) must do those activities to the satisfaction of the
person supervising them.
page 46
Sentence Administration Bill 2002
Provisions applying to offenders on community corrections Part 6
orders
s. 76
(4) An offender who under a pre-sentence order or a community
corrections order is at a centre, or is doing community work or
community corrections activities, or is performing any
requirement of a programme requirement applicable to the
5 offender --
(a) must not be in possession of, use, or be under the
influence of alcohol, a drug (other than a drug
prescribed for him or her), glue, petrol or any other
substance capable of adversely affecting a person;
10 (b) must, if so directed by the supervisor of a centre, submit
to testing for any substance referred to in paragraph (a);
(c) must not disturb or interfere with another offender doing
anything under a community corrections order;
(d) must not commit any act or omission of insubordination
15 or misconduct that is subversive of the good order or
management of a centre or of the conduct of anything
required to be done under a community corrections
order;
(e) must not assault, threaten, insult or use abusive language
20 to a member of the departmental staff;
(f) must comply with any prescribed obligations; and
(g) must comply with any written instructions issued by the
CEO under section 86.
(5) A CCO is to ensure, so far as is practicable, that orders given to
25 an offender do not --
(a) conflict with the offender's religious or cultural beliefs;
or
(b) result in interference with the times, if any, when the
offender normally works or attends an educational or
30 vocational training establishment.
page 47
Sentence Administration Bill 2002
Part 6 Provisions applying to offenders on community corrections
orders
s. 77
77. Consequences of contravening the obligations
If an offender contravenes any requirement of section 76, the
supervisor of a centre may reprimand the offender or --
(a) if the offender is subject to a pre-sentence order, report
5 the matter to the CEO and recommend that the CEO
issue a warrant under section 33P of the Sentencing
Act 1995;
(b) if the offender is subject to a community order (other
than a pre-sentence order), report the matter to the CEO
10 and recommend that the offender be charged with an
offence under section 131 of the Sentencing Act 1995;
(c) if the offender is subject to a parole order or an RRO --
(i) report the matter to the CEO; or
(ii) report the matter to the Board,
15 and recommend that the order be suspended or cancelled
under Part 3 or 4 (as the case may be); or
(d) if the offender is subject to a WDO, report the matter to
the CEO and recommend that the order be cancelled
under section 52 of the Fines, Penalties and
20 Infringement Notices Enforcement Act 1994.
78. CEO may suspend requirements in case of illness etc.
(1) In this section --
"minimum hours requirement" --
(a) in relation to a community service requirement in a
25 community order -- means the requirement that the
offender do at least 12 hours unpaid community work
in any 7 day period;
(b) in relation to a parole order or an RRO -- means any
requirement in the order to do the prescribed number
30 of hours of community corrections activities in each
period of 7 days;
page 48
Sentence Administration Bill 2002
Provisions applying to offenders on community corrections Part 6
orders
s. 78
(c) in relation to a WDO -- means the requirement in
section 50(1)(b) of the Fines, Penalties and
Infringement Notices Enforcement Act 1994 to do the
prescribed number of the required hours of community
5 corrections activities in each period of 7 days;
"offender" means an offender who is subject to a community
corrections order.
(2) If the CEO is satisfied that an offender is ill or that there are
other exceptional circumstances, the CEO --
10 (a) if the offender is subject to a community order -- may
permit the offender not to comply with all or any of the
requirements of any primary requirement of the order
for such period or periods as the CEO thinks fit, but they
must not total more than 12 weeks;
15 (b) if the offender is subject to a community service
requirement in a community order -- may, in relation to
the minimum hours requirement, permit the offender to
do less than 12 hours community work in a 7 day period,
the actual number of hours to be decided by the CEO,
20 but it must be at least 6 hours;
(c) if the offender is subject to an early release order --
permit the offender not to comply with the minimum
hours requirement for such period or periods as the CEO
thinks fit;
25 (d) if the offender is subject to a WDO -- permit the
offender not to comply with the minimum hours
requirement for such period or periods as the CEO
thinks fit, but they must not total more than 12 weeks.
(3) A decision made under subsection (2) does not affect the term
30 of a community order or the period of an early release order.
(4) An offender's duty under a community service requirement in a
community order to do unpaid community work for a number of
hours set by the court is not affected by a decision made under
subsection (2).
page 49
Sentence Administration Bill 2002
Part 6 Provisions applying to offenders on community corrections
orders
s. 79
(5) An offender's duty under section 50(1)(a) of the Fines,
Penalties and Infringement Notices Enforcement Act 1994 to do
community corrections activities for the required hours is not
affected by a decision made under subsection (2).
5 79. Community service requirement, offender may be directed
to do activities
(1) This section applies in the case of an offender who is subject to
a community service requirement in a community order but not
subject to a programme requirement in the order.
10 (2) The CEO may direct the offender to do community corrections
activities for as many hours as the CEO directs, but the hours
must not amount to more than a quarter of the hours of
community work set by the court.
(3) Hours of community corrections activities done in compliance
15 with such a direction count as hours of community work done
under the community service requirement.
80. Programme requirement
(1) This section applies in the case of an offender who is subject to
a programme requirement in a pre-sentence order or a
20 community order.
(2) If a CCO is satisfied that in respect of the offender there are
personal factors which contributed to the offender's criminal
behaviour that were not identified at the time the programme
requirement was imposed, the CCO may give the offender such
25 other directions as could be given under a programme
requirement and as the CCO thinks fit, in addition to any
specified by the court.
page 50
Sentence Administration Bill 2002
Provisions applying to offenders on community corrections Part 6
orders
s. 81
81. Compensation for injury
(1) An offender, while doing community work or community
corrections activities under a community corrections order is to
be regarded for the purposes of the Workers' Compensation and
5 Rehabilitation Act 1981 as a worker employed by the Crown.
(2) For the purposes of the Workers' Compensation and
Rehabilitation Act 1981 an offender's weekly earnings shall be
taken to be the amount that the Minister considers reasonable in
the circumstances.
10 82. Regulations
Regulations made for the purposes of this Part may --
(a) prescribe obligations applicable to community
corrections orders generally or to specific types of
community corrections orders;
15 (b) make provision for the authorisation of absences from
attendance at community work or community
corrections activities;
(c) regulate the consequences of injury and sickness with
respect to community corrections orders;
20 (d) prescribe forms.
page 51
Sentence Administration Bill 2002
Part 7 Community corrections centres
Division 1 Preliminary
s. 83
Part 7 -- Community corrections centres
Division 1 -- Preliminary
83. Interpretation
In this Part --
5 "centre" means a community corrections centre;
"community corrections order" means a pre-sentence order, a
community order, a parole order, an RRO or a WDO;
"offender" means an offender who is subject to a community
corrections order.
10 84. Community corrections centres
(1) The Minister may by notice declare any place to be a
community corrections centre.
(2) The Minister, by notice, may amend or cancel a notice under
subsection (1).
15 (3) In this section --
"notice" means notice published in the Gazette.
85. Community corrections activities
(1) The CEO may approve activities as community corrections
activities.
20 (2) Activities that may be approved as community corrections
activities include, but are not restricted to, any of these --
(a) charitable, community or voluntary work;
(b) programmes for the treatment of people who abuse
alcohol, drugs or other substances or who are addicted to
25 gambling;
(c) counselling;
(d) social and life skills courses;
page 52
Sentence Administration Bill 2002
Community corrections centres Part 7
Management Division 2
s. 86
(e) educational, vocational and personal development
courses.
Division 2 -- Management
86. CEO may issue written instructions
5 (1) With the approval of the Minister, the CEO may issue written
instructions for the management, control and security of --
(a) centres generally or a specified centre; and
(b) offenders.
(2) The instructions are to complement regulations made under
10 section 93 and if there is an inconsistency between an
instruction and a regulation, the instruction, to the extent of the
inconsistency, is to be read and has effect subject to the
regulation.
(3) The instructions may confer a discretionary authority on any
15 person or class of person.
(4) Sections 41 and 42 of the Interpretation Act 1984 do not apply
to the instructions.
(5) The CEO must ensure that relevant instructions are published in
such a manner as to bring them to the attention of departmental
20 staff, offenders, and people visiting centres.
(6) The CEO must take reasonable steps to ensure that the
instructions are made known to every offender --
(a) who is illiterate;
(b) who does not understand English, in a language the
25 offender does understand.
87. Supervisors of centres
(1) The CCO in control of a centre is, while in control, the
supervisor of the centre.
page 53
Sentence Administration Bill 2002
Part 7 Community corrections centres
Division 2 Management
s. 88
(2) The supervisor is responsible to the CEO for the management,
security and good order of the centre.
(3) For the purposes of this Part, a supervisor may give reasonable
orders or directions to any person in a centre, including any
5 member of the departmental staff.
(4) A supervisor may not direct that a search of a person or a place
be made except as provided by section 90.
(5) A supervisor must advise an offender of his or her obligations
under the community corrections order, and this obligation is to
10 be taken as having been performed if a written statement of
those obligations is attached to the order given to the offender.
(6) A supervisor must report as soon as possible to the CEO on any
use of force by the supervisor or any other person to compel --
(a) an offender to obey an order or direction; or
15 (b) a person to obey an order to leave the centre.
88. Functions of CCOs at centres
(1) A CCO --
(a) subject to subsection (5), must comply with the
reasonable directions of the supervisor of the centre at
20 which the CCO is working;
(b) must maintain the good order of the centre at which the
CCO is working; and
(c) must report immediately to the supervisor anything
which might reasonably be thought to jeopardise the
25 management, security or good order of the centre.
(2) A CCO may give such reasonable orders or directions to
offenders and other persons as are necessary for the
management, security or good order of a centre.
page 54
Sentence Administration Bill 2002
Community corrections centres Part 7
Management Division 2
s. 89
(3) A CCO may use reasonable force to compel an offender to obey
an order or direction given to that offender if the CCO believes
on reasonable grounds that the use of force is necessary --
(a) to prevent the offender or another person being killed or
5 seriously injured; or
(b) to prevent serious damage to property.
(4) A CCO may, if necessary, use reasonable force to compel a
person to obey an order by a supervisor to leave a centre.
(5) For the purpose of subsection (1)(a), a direction given by a
10 supervisor is not reasonable if it is a direction --
(a) to use reasonable force to compel an offender to obey an
order or direction given to that offender;
(b) to use reasonable force to compel a person to obey an
order to leave a centre; or
15 (c) to search any person wishing to enter or remain in a
centre or anything in the person's possession or under
the person's control.
89. Access to centres
(1) The supervisor of a centre may impose such conditions as he or
20 she thinks fit on any person (including an offender) entering or
remaining in the centre.
(2) A person who is not an offender may be refused entry to a
centre by the supervisor of it.
(3) An offender may be refused entry to a centre by the supervisor
25 of it if the offender --
(a) contravenes a condition imposed under subsection (1);
or
(b) does anything which, in the supervisor's opinion,
threatens the management, security or good order of the
30 centre.
page 55
Sentence Administration Bill 2002
Part 7 Community corrections centres
Division 2 Management
s. 90
(4) A person (including an offender) who is in a centre may be
ordered by the supervisor to leave the centre immediately if the
person, while in the centre --
(a) contravenes this Act, the regulations or any written
5 instructions issued under section 86;
(b) contravenes a direction given by the supervisor;
(c) contravenes a condition imposed under subsection (1);
or
(d) does anything which, in the supervisor's opinion,
10 threatens the management, security or good order of the
centre.
(5) A person who disobeys an order to leave a centre given under
subsection (4) commits an offence.
Penalty: $1 000.
15 90. Searches
(1) If the supervisor of a centre believes that it is necessary for the
security or good order of a centre or the offenders in it, he or she
may at any time --
(a) cause a prescribed person to search the centre or any
20 part of it or anything in it; or
(b) order a person wishing to enter or remain in a centre, or
anything in the person's possession or under the
person's control, to be searched by a prescribed person.
(2) If a person refuses to submit to such a search, the supervisor
25 may order the person to leave the centre immediately.
(3) A supervisor may at any time order a search to be stopped.
(4) A person who disobeys a supervisor's order under
subsection (2) commits an offence.
Penalty: $1 000.
page 56
Sentence Administration Bill 2002
Community corrections centres Part 7
Miscellaneous Division 3
s. 91
91. Seizure
(1) In carrying out a search under section 90, a prescribed person
may seize anything found in a centre, whether in a person's
possession or not, that the supervisor of the centre believes on
5 reasonable grounds jeopardises or is likely to jeopardise the
security or good order of the centre or the safety of persons in it.
(2) A drug prescribed for a person and in that person's possession
must not be seized under subsection (1).
(3) Anything seized by a prescribed person must be given to the
10 supervisor of the centre immediately.
(4) Anything seized must be dealt with by the supervisor under the
regulations.
Division 3 -- Miscellaneous
92. Department to report on centres
15 The annual report of the accountable officer of the department
prepared for the purposes of the Financial Administration and
Audit Act 1985 is to include a report on the operations of centres
and community corrections activities and other operations of the
department under this Part.
20 93. Regulations
Regulations made for the purposes of this Part may --
(a) prescribe powers of persons conducting anything being
done under a community corrections order;
(b) provide for the transport of offenders required to do
25 anything under a community corrections order;
(c) regulate the procedure for searches and seizures carried
out under this Part;
(d) prescribe forms.
page 57
Sentence Administration Bill 2002
Part 8 Staff
Division 1 Chief executive officer
s. 94
Part 8 -- Staff
Division 1 -- Chief executive officer
94. Functions
(1) Subject to the control of the Minister, the CEO's functions
5 include --
(a) the proper administration of pre-sentence orders,
community orders, parole orders, RROs and WDOs; and
(b) the control and management of community corrections
centres.
10 (2) The CEO has the functions of a CCO.
(3) Where this Act, the Sentencing Act 1995, the Fines, Penalties
and Infringement Notices Enforcement Act 1994, or the Bail
Act 1982 empowers or requires the CEO to do any thing, any
exercise of that power must be done in writing and signed by
15 the CEO or, if the power is exercised by a delegate, by the
delegate.
(4) The CEO may review and confirm, amend or cancel a decision
made, or a direction or order given, by a member of the
departmental staff.
20 95. Delegation by CEO
(1) The CEO may delegate to any person any power or duty of the
CEO --
(a) under another provision of this Act;
(b) under the Sentencing Act 1995;
25 (c) under Part 4 of the Fines, Penalties and Infringement
Notices Enforcement Act 1994.
(2) The delegation must be in writing signed by the CEO.
(3) A person to whom a power or duty is delegated under this
section cannot delegate the power or duty.
page 58
Sentence Administration Bill 2002
Staff Part 8
Other staff Division 2
s. 96
(4) A person exercising or performing a power or duty that has been
delegated under this section, is to be taken to do so in
accordance with the terms of the delegation unless the contrary
is shown.
5 (5) Unless the contrary is proved, it is to be presumed that a document
purporting to have been signed by a person as a delegate of the
CEO was signed by a person in the performance of a function that
at the time was delegated to the person by the CEO.
(6) Nothing in this section limits the ability of the CEO to perform
10 a function through an officer or agent.
96. CEO may confer functions of CCO on person
The CEO may confer some or all of the functions of a CCO on a
member of the departmental staff who is not a CCO and a
reference elsewhere in the Act to a CCO includes a reference to
15 a person on whom a function has been so conferred.
97. CEO to notify Board of certain breaches
Subject to any directions issued by the Board to the CEO, if a
breach of a parole order (other than a CEO parole order) or a
WRO comes to the knowledge of the CEO he or she must
20 forthwith report the matter to the Board and must provide such
other information about the breach as the Board requires.
Division 2 -- Other staff
98. Appointment
(1) The staff, including community correction officers, needed for
25 the purposes of this Act, the Sentencing Act 1995 and Part VIA
of the Bail Act 1982 --
(a) may be appointed or engaged under the Public Sector
Management Act 1994; or
(b) may be appointed on an honorary basis.
30 (2) A person who is a member of the Police Force is not to be an
honorary CCO.
page 59
Sentence Administration Bill 2002
Part 8 Staff
Division 3 Miscellaneous
s. 99
(3) A member of the Police Force who holds a designated position
(as defined in the Witness Protection (Western Australia)
Act 1996) may be an honorary CCO for the purposes of
supervising an offender who is a participant in the State Witness
5 Protection Program established under that Act.
(4) The regulations may prescribe classes of staff and their
functions.
99. Volunteers
(1) The CEO may authorise a person to work as an unpaid
10 volunteer.
(2) A volunteer is under the control of the CEO.
(3) The CEO may at any time cancel the authorisation of a
volunteer.
Division 3 -- Miscellaneous
15 100. Compensation for injury
If under Division 2 a person is appointed on an honorary basis
or authorised to work as a volunteer --
(a) the person is, while performing the functions of the
position, to be regarded for the purposes of the Workers'
20 Compensation and Rehabilitation Act 1981 as a worker
employed by the Crown; and
(b) for the purposes of that Act, the person's weekly
earnings are to be taken to be the amount that the
Minister considers is reasonable in the circumstances.
25 101. Assistance by police officers
(1) Subject to the directions of the Commissioner of Police, a
member of the Police Force may, if so requested by the CEO or
a CCO, assist in the exercise or performance of any function
conferred or imposed by this Act.
page 60
Sentence Administration Bill 2002
Staff Part 8
Miscellaneous Division 3
s. 101
(2) A member of the Police Force acting under subsection (1) has
the same functions and protection from liability as a CCO
would have in the same situation.
(3) The functions and protection conferred by subsection (2) are in
5 addition to those conferred or imposed on a member of the
Police Force by any other written law.
page 61
Sentence Administration Bill 2002
Part 9 Parole Board
s. 102
Part 9 -- Parole Board
102. Parole Board established
A board called the Parole Board is established.
103. Membership
5 (1) There are to be 7 members on the Board --
(a) a judicial member nominated by the Attorney General
and appointed by the Governor;
(b) 3 persons appointed by the Governor;
(c) the CEO;
10 (d) a departmental officer nominated by the CEO; and
(e) a police officer nominated by the Commissioner of
Police.
(2) A person must not be nominated as the judicial member unless
he or she --
15 (a) is a Judge of the Supreme Court or the District Court
and the Chief Justice or the Chief Judge of the District
Court (as the case may be) consents to the nomination;
or
(b) is a retired Judge of one of those courts.
20 104. Secretary
Under Part 3 of the Public Sector Management Act 1994 a
person is to be appointed to be the secretary of the Board.
105. Schedule 1 applies
Schedule 1 has effect in relation to the Board.
25 106. Functions
(1) The functions of the Board are set out in this Act.
page 62
Sentence Administration Bill 2002
Parole Board Part 9
s. 107
(2) The Board may do all things necessary or convenient to be done
for or in connection with, or as incidental to, the performance of
its functions.
107. Board to have powers of Royal Commission
5 (1) For the purpose of carrying out its functions, the Board and its
chairperson and members have and may exercise the powers
that a Royal Commission and its chairman and commissioners
have under the Royal Commissions Act 1968.
(2) The Royal Commissions Act 1968, with any necessary changes,
10 has effect in relation to the Board, its chairperson and members.
108. Orders by the Board
(1) In this section --
"authorised person" means --
(a) the secretary or a member of the Board; or
15 (b) a departmental officer performing the functions of a
prescribed office or an office of a prescribed class.
(2) An order giving effect to a decision made by the Board is to be
signed by 2 members of the Board.
(3) A notice of a decision made by the Board may be signed by an
20 authorised person.
(4) Despite subsection (2), an authorised person, on behalf of and in
the name of the Board, may make a parole order in accordance
with guidelines issued by the Board except in respect of a
prisoner serving a parole term of at least 2 years for a serious
25 offence.
(5) The Board may issue guidelines to be observed by authorised
persons when making parole orders under subsection (4).
page 63
Sentence Administration Bill 2002
Part 9 Parole Board
s. 109
109. Board may require prisoner to appear before it
(1) At any time while a prisoner is subject to a parole order (other
than a CEO parole order) or an RRO, the Board, by order, may
require him or her to appear before the Board.
5 (2) For the purposes of subsection (1), the Board may issue a warrant
to have the prisoner arrested and brought before the Board.
(3) The powers in this section may be exercised whether or not the
Board has amended, suspended, cancelled or otherwise made a
decision in relation to the order concerned.
10 110. Issue of warrants by Board
(1) If this Act empowers the Board to issue a warrant to have a
person arrested, it is not necessary for the Board to meet before
the warrant is issued.
(2) A warrant issued by the Board to have a person arrested must be
15 signed by --
(a) 2 members of the Board; or
(b) the judicial member of the Board if he or she is a Judge
of the Supreme Court or the District Court.
111. Judicial notice of appointment and signature
20 (1) Judicial notice must be taken of --
(a) the fact that a person is or was a member or the secretary
of the Board; and
(b) the official signature of such a person.
(2) Evidence of a parole order, an RRO or a decision made by the
25 Board may be given by producing a copy of the order or
decision certified by the secretary of the Board as a true copy.
page 64
Sentence Administration Bill 2002
Parole Board Part 9
s. 112
112. Annual report to Minister
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
5 previous financial year;
(b) the number of prisoners released on parole by the Board
or the Governor during the previous financial year; and
(c) the operation of this Act and relevant parts of the
Sentencing Act 1995 so far as they relate to parole orders
10 (other than CEO parole orders), to RROs and to the
activities of CCOs in relation to those orders during the
previous financial year.
113. Special reports to Minister
(1) The Minister, in writing, may request the Board to report about
15 any specified special matter relating to --
(a) the operation of this Act or the Sentencing Act 1995 so
far as it is relevant to the Board; or
(b) the performance of any function of the Board.
(2) If so requested, the Board must provide a written report as soon
20 as practicable.
page 65
Sentence Administration Bill 2002
Part 10 Miscellaneous
s. 114
Part 10 -- Miscellaneous
114. Reasons for decision may be withheld
(1) This section applies to those sections in this Act which refer to it.
(2) If a person is required to give a prisoner reasons for a decision,
5 then if the person decides that it would be in the interest of the
prisoner or any other person, or the public, to withhold from the
prisoner any or all of the reasons, the person may do so.
115. Exclusion of rules of natural justice
The rules known as the rules of natural justice (including any duty
10 of procedural fairness) do not apply to or in relation to the doing or
omission of any act, matter or thing under Parts 2 to 6 by --
(a) the Governor;
(b) the Minister;
(c) the Board;
15 (d) an authorised person as defined in section 108(1); or
(e) the CEO.
116. Arrest warrant may be issued if warrant of commitment in
force
(1) If a court has issued a warrant of commitment in respect of an
20 offender that requires the offender to be imprisoned for a period,
then at any time before the prisoner has served the period the
CEO may issue a warrant to have the offender arrested and
taken to a prison to serve or to continue to serve the period.
(2) A warrant must not be issued under subsection (1) if the
25 offender has been released pursuant to an order made in
accordance with this Act or another written law in respect of the
sentence or made in the exercise of the Royal Prerogative of
Mercy.
page 66
Sentence Administration Bill 2002
Miscellaneous Part 10
s. 117
(3) Without limiting subsection (1) or affecting subsection (2), a
warrant may be issued under subsection (1) if in error an
offender is released before having served the period of
imprisonment specified in the warrant of commitment.
5 (4) Subsection (1) does not limit any power to arrest a person who
has escaped lawful custody.
117. Issue and execution of warrants
(1) If this Act or the Sentencing Act 1995 empowers a person to
issue a warrant to have a person arrested, the warrant must be in
10 the prescribed form and such a warrant has effect according to
its wording.
(2) In the absence of evidence to the contrary, it is to be presumed
that --
(a) the person who issued the warrant is empowered to do
15 so; and
(b) the signature on the warrant is that of the person who
issued it.
(3) A person to whom the warrant is directed must give effect to the
warrant as soon as practicable.
20 (4) The warrant itself is sufficient authority to the person to whom
it is directed to arrest the person concerned and to hold the
person in custody for the purposes of taking him or her, as soon
as practicable, to the place specified in the warrant.
118. Monitoring equipment
25 (1) In this section --
"monitoring equipment" means any device or equipment
installed under this Act or the Sentencing Act 1995 or the
Bail Act 1982 at the place where a person lives or lived to
keep the person under surveillance or to monitor the
30 person.
page 67
Sentence Administration Bill 2002
Part 10 Miscellaneous
s. 119
(2) The CEO may give the occupier of a place where monitoring
equipment is installed a direction to deliver the equipment to the
CEO within a set period.
(3) A person who contravenes a direction given under
5 subsection (2) commits an offence.
(4) A CCO may, at any time, enter a place where monitoring
equipment is installed to retrieve the equipment.
(5) A person who hinders a CCO exercising the power in
subsection (4) commits an offence.
10 (6) A person who unlawfully interferes with the operation of any
monitoring equipment commits an offence.
(7) A person who wilfully and unlawfully destroys or damages any
monitoring equipment commits an offence.
Penalty: $12 000 or imprisonment for 12 months.
15 119. Secrecy
(1) A person who is or has been in a position to which this section
applies must not, whether directly or indirectly, record, disclose,
or make use of any information obtained because of being in
that position, except --
20 (a) for the purposes of and in the due exercise of functions
under this Act;
(b) when ordered by a court or a judge to do so; or
(c) in circumstances approved from time to time by the
Minister.
25 Penalty: $2 500.
(2) The positions to which this section applies are --
(a) a member, a deputy of a member, an acting member or
the secretary of the Board;
(b) the CEO; and
30 (c) a member of the departmental staff.
page 68
Sentence Administration Bill 2002
Miscellaneous Part 10
s. 120
120. Protection from liability for wrongdoing
(1) An action in tort does not lie against a person for anything that
the person has done, in good faith, in the performance or
purported performance of a function under this Act or the
5 Sentencing Act 1995.
(2) The protection given by subsection (1) applies even though the
thing done as described in that subsection may have been
capable of being done whether or not this Act or the Sentencing
Act 1995 had been enacted.
10 (3) Despite subsection (1), the Crown is not relieved of any liability
that it might have for another person having done anything as
described in that subsection.
(4) In this section, a reference to the doing of anything includes a
reference to an omission to do anything.
15 121. Regulations
The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed, or are
necessary or convenient to be prescribed for giving effect to the
purposes of this Act.
page 69
Sentence Administration Bill 2002
Schedule 1 Provisions applying to the Parole Board
Schedule 1 -- Provisions applying to the Parole Board
[s. 105]
1. Interpretation
"member" means a member of the Board.
5 2. Terms of office
(1) A member appointed by the Governor is a member for the period (not
more than 3 years) specified in the instrument of appointment, but is
eligible for reappointment.
(2) A person who is a member by reason of being the CEO ceases to be a
10 member when he or she ceases to be the CEO.
(3) A person who is a member by reason of being a departmental officer
ceases to be a member when he or she resigns as a member or ceases
to be a departmental officer or when another departmental officer is
nominated by the CEO.
15 (4) A person who is a member by reason of being a police officer ceases
to be a member when he or she resigns as a member or ceases to be a
police officer or when another police officer is nominated by the
Commissioner of Police.
3. Resignation
20 (1) A member appointed by the Governor may resign by giving his or her
written resignation to the Minister.
(2) The member who is a member by reason of being a departmental
officer may resign by giving his or her written resignation to the CEO.
(3) The member who is a member by reason of being a police officer may
25 resign by giving his or her written resignation to the Commissioner of
Police.
(4) A written resignation has effect when it is received by the relevant
person or at such later date as it specifies.
page 70
Sentence Administration Bill 2002
Provisions applying to the Parole Board Schedule 1
4. Deputies of members
(1) The Minister may appoint a person to be the deputy of a member
appointed by the Governor, other than the judicial member.
(2) The CEO may nominate a departmental officer to be his or her
5 deputy.
(3) The CEO may nominate a departmental officer to be the deputy of the
member who is a departmental officer.
(4) The member who is a police officer may nominate another police
officer to be his or her deputy.
10 (5) The deputy of a member may attend a meeting of the Board when the
member is absent and may perform the member's functions.
(6) This clause does not affect the operation of section 52 of the
Interpretation Act 1984.
5. Meetings
15 (1) The judicial member is the chairperson of the Board.
(2) The chairperson is to decide when the Board meets.
(3) At a meeting of the Board the chairperson is to preside, or in his or
her absence, the longest serving member.
(4) If in the absence of the judicial member more than one of the other
20 members is eligible to preside, the other members are to appoint one
of the eligible members to preside.
(5) At a meeting of the Board --
(a) the presiding member and 2 other members constitute a
quorum;
25 (b) questions arising are to be determined by a majority of the
members present and voting;
(c) if there is a tie in voting, the presiding member has a second
vote; and
(d) the chairperson alone decides any question of law.
page 71
Sentence Administration Bill 2002
Schedule 1 Provisions applying to the Parole Board
(6) The Board may, if it thinks fit, conduct a meeting at which all or some
members participate by telephone or other 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.
5 (7) Subject to this clause the Board is to determine the procedure for
convening and conducting its meetings.
6. Remuneration and allowances
(1) Members, deputies and acting members, other than a judicial member
who is a Judge, are entitled to the remuneration and allowances set by
10 the Governor.
(2) Any remuneration and allowances paid to a judicial member who is a
retired Judge does not affect his or her entitlements under the Judges'
Salaries and Pensions Act 1950.
7. Leave of absence
15 The Minister may grant leave of absence to a member on such
conditions as the Minister determines.
page 72
Sentence Administration Bill 2002
Provisions applying to the Parole Board Schedule 1
Schedule 2 -- Prescribed offences
[s. 4]
A prescribed offence is an offence under any of these chapters of The
Criminal Code --
5 (a) Chapter XXVIII -- Homicide: Suicide: Concealment of birth
(b) Chapter XXIX -- Offences endangering life or health
(c) Chapter XXX -- Assaults
(d) Chapter XXXI -- Sexual Offences
(e) Chapter XXXIII -- Offences against liberty
10 (f) Chapter XXXIIIA -- Threats
(g) Chapter XXXIIIB -- Stalking
(h) Chapter XXXVIII -- Robbery; Extortion by Threats
page 73
Sentence Administration Bill 2002
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
authorised person .....................................................................................106(1)
Board.......................................................................................................... 4(2)
CCO ........................................................................................................... 4(3)
centre ....................................................................................................... 73, 81
CEO............................................................................................................ 4(3)
CEO parole order ........................................................................................ 4(2)
CEO parole order (supervised)..................................................................... 4(2)
CEO parole order (unsupervised)................................................................. 4(2)
community corrections activities.................................................................. 4(2)
community corrections centre ...................................................................... 4(2)
community corrections officer ..................................................................... 4(2)
community corrections order .................................................................... 73, 81
community order ......................................................................................... 4(2)
department .................................................................................................. 4(2)
departmental officer .................................................................................... 4(2)
departmental staff........................................................................................ 4(2)
early release order ....................................................................................... 4(2)
fixed term.................................................................................................... 7(1)
honorary CCO............................................................................................. 4(2)
member..................................................................................... Schedule 1 cl. 1
minimum hours requirement.......................................................................76(1)
monitoring equipment ..............................................................................116(1)
non-parole period ........................................................................................ 7(1)
notice .........................................................................................................82(3)
offender .....................................................................................74(1), 76(1), 81
parole considerations..................................................................................15(1)
parole order................................................................................................. 4(2)
person in custody........................................................................................12(1)
prisoner................................................................................................18(1), 19
release......................................................................................................... 4(2)
WDO .......................................................................................................... 4(3)
work and development order........................................................................ 4(2)
work release order ....................................................................................... 4(2)
RRO............................................................................................................ 4(3)
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