Sentencing Legislation Amendment (Persons Linked to Terrorism) Bill 2021 - Sentence Administration Act 2003 (2)
Bill No.38
18 Aug 2021
Assented to - 18 May 2022

Western Australia

Sentence Administration Act 2003

Incorporating the amendments proposed

by the Sentencing Legislation Amendment

(Persons Linked to Terrorism) Bill 2021 Pt. 2

(Bill No. 38-2)

page i [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

Western Australia

Sentence Administration Act 2003

Contents

Part 1 — Preliminary

1. Short title 2 2. Commencement 2 3. This Act to be read with Sentencing Act 1995 2 4. Terms and abbreviations used 2 4A. Courts and Tribunals (Electronic Processes

Facilitation) Act 2013 Pt. 2 applies 8

Part 2 — General matters

Division 1 — Preliminary 5. Terms used and calculations 9 5A. Release considerations about people in custody 9 5B. Community safety paramount 10 5C. Victim’s submission to Board 10 5D. Term used: victim of an offender or prisoner 11

Division 2 — Matters affecting the service of

terms 6. When a term begins 12 7. Order of service of fixed terms 12 8. Effect of not being in custody 13 9. Effect of time before an appeal 14 10. No release if prisoner in custody for another matter 14

Division 3 — Reports about prisoners 11. Report to Minister about the place of custody for a

person in custody during Governor’s pleasure 14 11A. Reports by CEO to Board about certain prisoners 15 12. Reports by Board to Minister about prisoners

generally 16 12A. Reports by Board to Minister about Schedule 3

prisoners 17 12B. Combined reports may be given under

sections 12 and 12A 18

Division 4 — Programmes for certain prisoners 12C. References to Board 19 13. Re-socialisation programmes for Schedule 3

prisoners 19 14. Re-socialisation programmes for certain other

prisoners 21 14A. Regulations as to re-socialisation programmes 22

Sentence Administration Act 2003

Contents

page ii [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

Division 5 — Directions to suspend reporting 14B. Terms used 23 14C. Minister may direct suspension of reporting 23 14D. No review of direction to suspend reporting 24

Part 3 — Parole

Division 1 — Preliminary 15. Terms used and calculations 25

Division 2 — Reports about certain people

eligible for parole 17. Parole term, CEO to give Board report about

prisoner on 25

Division 3 — Parole in case of parole term 19. Term used: prisoner 25 20. Board may parole prisoner 25

Division 4 — Parole in case of short term 22. Application of Division 26 23. Board may parole prisoner 27

Division 5 — Parole in case of life or

indefinite imprisonment 25. Life imprisonment, Governor may parole prisoner 29 27. Indefinite imprisonment, Governor may parole

prisoner 30

Division 5A — Releasing prisoners during the

Governor’s pleasure 27A. Operation of this Division 30 27B. Release may be by parole order 30

Division 6 — Parole orders 28. Parole order, nature of 31 29. Parole order, standard obligations 31 30. Parole order, additional requirements 31 31. CEO to ensure parolee is supervised during

supervised period 32

Division 7 — Parole orders, general provisions 32. Parole order may relate to more than one term 33 33. Prisoner may refuse to be released on parole 33 34. Prisoner’s acknowledgment or undertaking 34 35. Making parole order after refusal by prisoner 34

Division 8 — Amendment of parole orders 36. Amending before release 34 37. Amending during parole period 35

Division 9 — Suspension of parole orders 38. Suspension by CEO 35 39. Suspension by Board 35 40. Period of suspension 35 41. Suspension, effect on other parole orders 36

Sentence Administration Act 2003

Contents

page iii [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

Division 10 — Cancellation of parole orders 43. Cancellation before release 36 44. Cancellation after release 36 46. Cancellation, effect on other parole orders 36

Division 11 — Miscellaneous 48. Parole ordered by Governor, Minister to be advised

of amendment, suspension or cancellation 37 49. Resolution of doubtful cases 37

Part 4 — Re-entry release orders

50. Certain prisoners may apply to Board for RRO 39 51. CEO to report to Board about RRO applicants 39 52. Board may make RRO 39 54. RRO, nature of 40 55. RRO, standard obligations 41 56. RRO, primary requirements 41 57. RRO, additional requirements 42 58. Prisoner’s undertaking 42 59. CEO to ensure prisoner is supervised during RRO 42 61. Suspension of RRO by Board or CEO 43 63. Cancellation of RRO by Board 44

Part 5 — Provisions applying to early

release orders

Division 1 — General 65. Period of early release order counts as time served 45 66. Prisoner under sentence until discharged 45

Division 1A — Homicide offence or homicide

related offence 66A. Terms used 45 66B. Board not to release or recommend release unless

prisoner cooperates or victim’s remains located 47 66C. Commissioner of Police report 47

Division 1B — Prisoners with links to terrorism

or subject to Commissioner of Police

reports

Subdivision 1 — Preliminary 66D. Terms used 48

Subdivision 2 — Early release orders in cases of

prisoners with links to terrorism 66E. References to Board 49 66F. Additional release considerations 49 66G. Making early release orders 50 66H. Commissioner of Police reports 51 66I. Withdrawing Commissioner of Police reports 52

Sentence Administration Act 2003

Contents

page iv [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

Subdivision 3 — Early release orders for other

prisoners subject to Commissioner of Police

reports 66J. Term used: prisoner 52 66K. Releasing prisoners subject to Commissioner of

Police report on parole 52 66L. Making parole order in respect of prisoner subject

to Commissioner of Police report 53 66M. Making RRO in respect of prisoners subject to

Commissioner of Police report 53

Division 2 — Automatic cancellation 67A. Cancellation automatic in case of prisoner with

links to terrorism 54 67. Cancellation automatic if prisoner imprisoned for

offence committed on early release order 55

Division 3 — Consequences of suspension and

cancellation 68. Suspension, effect of 55 69. Cancellation, effect of 56 70. Returning prisoner to custody 57 71. Clean street time counts as time served 58

Division 4 — Re-release after cancellation 72. Re-release after cancellation of order made by

Board 59 73. Re-release after cancellation of parole order made

by Governor 60 74. Parole period under new parole order deemed to be

time served 60

Part 5A — Post-sentence supervision

of certain offenders

74A. Terms used 61 74B. PSSO considerations 61 74C. Reports by CEO to Board about prisoners 62 74D. Board may make PSSO 62 74E. Nature of PSSO 63 74F. Standard obligations of PSSO 63 74G. Additional requirements of PSSO 64 74H. CEO to ensure person subject to PSSO is

supervised 64 74I. Amendment of PSSO 65 74J. Cancellation of PSSO 65 74K. Subsequent PSSO after cancellation for

committing offence 65 74L. Offence for breach of PSSO 66

Sentence Administration Act 2003

Contents

page v [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

Part 6 — Provisions applying to

offenders on community

corrections orders

75. Terms used 67 76. Offender’s obligations 67 77. Consequences of contravening s. 76 obligations 68 78. CEO may suspend requirements in case of illness

etc. 69 79. Community service requirement, offender may be

directed to do activities 70 80. Programme requirement, CEO may give offender

additional directions 71 81. Compensation for injury to offenders 71 82. Regulations 71

Part 7 — Community corrections

centres

Division 1 — Preliminary 83. Terms used 73 84. Community corrections centres, declaration of 73 85. Community corrections activities, approval of 73

Division 2 — Management 86. Instructions about management etc., issue of etc. 74 87. Managers of centres, functions of etc. 74 88. Functions of CCOs at centres 75 89. Access to centres 76 90. Searches 77 91. Seizure 77

Division 3 — Miscellaneous 92. Department to report on centres 78 93. Regulations 78

Part 8 — Staff

Division 1 — Chief executive officer 94. Functions 79 95. Delegation by CEO 79 96. CEO may confer functions of CCO on person 80 97. CEO to make information available to Board 80 97A. Disclosing information about offender for

community safety 81 97B. Disclosing and requesting information 81 97C. Disclosing information to agencies outside WA 82 97D. Disclosing information to victims 82 97E. Disclosure under s. 97A, 97B, 97C and 97D not

subject to other laws etc. 83

Sentence Administration Act 2003

Contents

page vi [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

Division 2 — Other staff 98. Appointment 83 98A. Duties of CCOs 84 99. Volunteers 84

Division 3 — Miscellaneous 100. Compensation for injury to volunteers etc. 84 101. Assistance by police officers 84

Part 9 — Prisoners Review Board

102. Board established 85 103. Membership 85 104. Training of members 87 104A. Registrar and other staff 87 105. Tenure, meetings etc. (Sch. 1) 87 106. Functions 87 107. Board to have powers of Royal Commission 87 107A. Board may use experts etc. 88 107B. Notification of Board’s decisions 88 107C. Publication of Board’s decisions 89 108. Orders by Board 89 109. Board may require person to appear before it 90 110. Issue of warrants by Board 90 111. Judicial notice of appointment and signature 90 112. Annual report to Minister 91 112A. Information to be excluded from annual reports 92 113. Special reports to Minister 93

Part 10 — Miscellaneous

114. Reasons for decision may be withheld 94 115. Rules of natural justice excluded 94 115A. Board may review decisions about release 94 115B. Decisions made by Board as constituted by

chairperson alone may be reconsidered 96 116. Arrest warrant may be issued if warrant of

commitment in force 97 117. Issue and execution of warrants 98 118. Monitoring equipment, retrieval of etc. 98 119. Information, disclosure and use of by departmental

staff etc. 99 119A. Protection of Commissioner of Police reports that

may be withdrawn 100 119B. Protection of Commissioner of Police reports

containing terrorist intelligence information 100 119C. Protection of terrorist intelligence information in

legal proceedings 101 120. Protection from personal liability for torts 101 120A. Delegation by Commissioner of Police 102 121. Regulations 102 122. Review of Act 102

Sentence Administration Act 2003

Contents

page vii [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

Part 11 — Transitional and

validation provisions

Division 1 — Provisions for the Sentencing

Legislation Amendment Act 2016 Part 2 123. Terms used 103 124. Reports during the transitional period: pre-1996

prisoners 103 125. Participation in re-socialisation programmes:

pre-1996 prisoners 104 126. Release on parole: pre-1996 prisoners 104 127. Validation of parole orders: pre-1996 prisoner 105 128. Inconsistency with former transitional provisions 105

Division 2 — Provisions for the Sentencing

Legislation Amendment Act 2016 Part 3

Division 2 129. Continued application of former Part 3 Division 4 105

Schedule 1 — Provisions applying to

the Prisoners Review Board

1. Term used: member 107 2. Term etc. of office 107 3. Resignation 108 4. Terminating appointments 108 5. Meetings 108 6. Conditions of service 109 7. Leave of absence 110

Schedule 2 — Serious offences

Schedule 3 — Reports and

re-socialisation programmes for

certain prisoners

Division 1Current sentence types

Division 2 — Former sentence types

Notes

Compilation table 117 Uncommenced provisions table 119 Other notes 119

page 1 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

Western Australia

Sentence Administration Act 2003

An Act to provide for the administration of sentences and other

orders imposed on offenders.

Sentence Administration Act 2003

Part 1 Preliminary

s. 1

page 2 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

Part 1 — Preliminary

1. Short title

This Act may be cited as the Sentence Administration Act 2003.

2. Commencement

(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.

(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.

4. Terms and abbreviations used

(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, unless the contrary intention appears —

approved electronic monitoring device means —

(a) an electronic monitoring device that has been approved

by the CEO; and

(b) any equipment, wires or other items associated with a

device under paragraph (a);

Board means the Prisoners Review Board;

category 1 prisoner means —

(a) a prisoner who —

(i) has been charged with, or convicted of, a

terrorism offence; or

(ii) is subject to an interim control order or a

confirmed control order;

or

Sentence Administration Act 2003

Preliminary Part 1

s. 4

page 3 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(b) a prisoner who has been subject to an interim control

order or a confirmed control order at any time during —

(i) the period of the prisoner’s sentence (the current

sentence); or

(ii) the period of 10 years ending on the day on

which the prisoner’s current sentence begins or is

taken to have begun;

or

(c) a prisoner for whom an interim control order is being

sought under the Commonwealth Criminal Code

section 104.3;

category 2 prisoner means a prisoner who has been charged

with, or convicted of, an offence against the Commonwealth

Criminal Code section 80.2C(1);

CEO means the chief executive officer of the Public Sector

agency principally assisting the Minister administering Part 8 in

its administration;

chairperson means the person appointed under

section 103(1)(a);

Commissioner of Police report means a written report referred

to in section 66H(1) or (4);

Commonwealth Criminal Code means the Criminal Code set

out in the Schedule to the Criminal Code Act 1995

(Commonwealth);

community has a meaning affected by subsection (4);

community corrections activities are activities approved as such

under section 85;

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 includes an

honorary CCO;

community order means a community based order or an

intensive supervision order imposed under the Sentencing

Act 1995;

conditional suspended imprisonment means conditional

suspended imprisonment imposed under Part 12 Division 1 of

the Sentencing Act 1995;

confirmed control order has the meaning given in the

Commonwealth Criminal Code section 100.1(1);

Sentence Administration Act 2003

Part 1 Preliminary

s. 4

page 4 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

departmental staff means the people appointed or engaged

under section 98 and the people authorised to work as unpaid

volunteers under section 99;

designated family relationship means a relationship between 2

persons —

(a) who are, or were, married to each other; or

(b) who are, or were, in a de facto relationship with each

other; or

(c) who have, or had, an intimate personal relationship with

each other;

early release order means —

(a) a parole order; or

(b) a re-entry release order;

family violence offence means an offence where the offender

and the victim are in a designated family relationship with each

other at the time of the commission of the offence and the

offence is —

(a) an offence against the Restraining Orders Act 1997

section 61(1) or (1A); or

(b) an offence against The Criminal Code section 221BD,

279, 280, 281, 283, 292, 293, 294, 297, 298, 300, 301,

304, 313, 317, 317A, 323, 324, 325, 326, 328, 332, 333,

338A, 338B, 338C, 338E or 444;

Governor’s pleasure detainee means —

(a) a person in, or regarded as being in, strict or safe

custody by virtue of an order made under the repealed

section 282 of The Criminal Code; or

(b) a person subject to a sentence of detention imposed

under section 279(5)(b) of The Criminal Code; or

(c) a person subject to a direction or sentence under

repealed section 661 or 662 of The Criminal Code;

honorary CCO means a person appointed as a community

corrections officer under section 98(1)(b);

interim control order has the meaning given in the

Commonwealth Criminal Code section 100.1(1);

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;

Sentence Administration Act 2003

Preliminary Part 1

s. 4

page 5 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

parole order (unsupervised) means a parole order that specifies

that it is unsupervised;

post-sentence supervision order means a post-sentence

supervision order made under Part 5A;

prisoner means —

(a) a person sentenced to a fixed term, whether a parole

term or not; or

(b) a person sentenced to life imprisonment; or

(c) a person sentenced to indefinite imprisonment; or

(d) a Governor’s pleasure detainee;

prisoner with links to terrorism means —

(a) a category 1 prisoner; or

(b) a category 2 prisoner who is subject to a Commissioner

of Police report; or

(c) a prisoner who —

(i) is subject to a Commissioner of Police report;

and

(ii) the Board as constituted by the chairperson alone

is satisfied, having regard to the report, has made

statements or carried out activities that support,

or advocate support for, terrorist acts;

re-entry release order means a re-entry release order made

under Part 4 and includes a re-entry release order made for the

purposes of section 72;

release means release from custody;

release considerations relating to a prisoner, has the meaning

given to that term by section 5A;

re-socialisation programme means a programme of a

prescribed kind that can be provided under the Prisons Act 1981

to address the following factors insofar as they are relevant to

equipping a particular prisoner for re-entry into the general

community —

(a) education;

(b) employment;

(c) drug and alcohol use;

(d) mental and physical health;

(e) attitudes and social control;

(f) institutionalisation and life skills;

Sentence Administration Act 2003

Part 1 Preliminary

s. 4

page 6 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(g) housing;

(h) financial support and debt;

(i) family and community networks;

(j) any other prescribed factor;

Schedule 3 prisoner means a person described in Schedule 3

column 2;

sentence includes order;

serial family violence offender means a person who is a serial

family violence offender under the Sentencing Act 1995

section 124E;

serious offence means an offence of the kind set out in

Schedule 2, other than such of those offences as have been

prescribed by the regulations as not to be a serious offence;

supervised offender has the meaning given in section 74E(1);

terrorism offence means —

(a) an offence against the Commonwealth Criminal Code

Division 72 Subdivision A; or

(b) an offence against the Commonwealth Criminal Code

Division 80 Subdivision B; or

(c) an offence against the Commonwealth Criminal Code

Part 5.3, other than an offence against section 104.22,

104.27, 104.27A, 105.41 or 105.45; or

(d) an offence against the Commonwealth Criminal Code

Part 5.5; or

(e) an offence against the following provisions of the

Charter of the United Nations Act 1945

(Commonwealth) —

(i) Part 4;

(ii) Part 5, to the extent that it relates to the Charter

of the United Nations (Sanctions—Al-Qaida)

Regulations 2008 (Commonwealth);

or

(f) an offence against the Crimes (Foreign Incursions and

Recruitment) Act 1978 (Commonwealth) (repealed); or

(g) an offence against the Crimes (Internationally Protected

Persons) Act 1976 (Commonwealth) section 8; or

Sentence Administration Act 2003

Preliminary Part 1

s. 4

page 7 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(h) an offence under a written law or a law of the

Commonwealth, another State, a Territory or another

country, that substantially corresponds to an offence

referred to in paragraph (a), (b), (c), (d), (e) or (g); or

(i) an offence of attempting, inciting or conspiring to

commit an offence referred to in paragraph (a), (b), (c),

(d), (e), (f), (g) or (h);

terrorist act has the meaning given in the Terrorism

(Commonwealth Powers) Act 2002 section 3;

terrorist intelligence information means information relating to

a prohibited act or suspected prohibited act, the disclosure of

which could reasonably be expected to —

(a) prejudice national security; or

(b) endanger a person’s life or physical safety; or

(c) threaten significant damage to infrastructure or property;

or

(d) prejudice a criminal investigation; or

(e) reveal intelligence gathering methodologies,

investigative techniques or technologies or covert

practices; or

(f) enable the discovery of the existence or identity of a

confidential source of information relevant to law

enforcement;

victim of an offender or prisoner has the meaning given in

section 5D;

victim’s submission has the meaning given to that term by

section 5C(1);

work and development order means a work and development

order made under Part 4 of the Fines, Penalties and

Infringement Notices Enforcement Act 1994.

(2A) For the purposes of the definition of designated family

relationship in subsection (2), an intimate personal

relationship exists between 2 persons (including persons of the

same sex) if —

(a) the persons are engaged to be married to each other,

including a betrothal under cultural or religious

tradition; or

(b) the persons date each other, or have a romantic

involvement with each other, whether or not a sexual

relationship is involved.

Sentence Administration Act 2003

Part 1 Preliminary

s. 4A

page 8 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(2B) In deciding whether an intimate personal relationship exists

under subsection (2A)(b), the following may be taken into

account —

(a) the circumstances of the relationship, including, for

example, the level of trust and commitment;

(b) the length of time the relationship has existed;

(c) the frequency of contact between the persons;

(d) the level of intimacy between the persons.

(2C) For the purposes of the definition of terrorist intelligence

information, a prohibited act is —

(a) a terrorism offence; or

(b) an offence against the Commonwealth Criminal Code

section 80.2C(1); or

(c) a terrorist act (whether in this State or elsewhere).

(3) In this Act these abbreviations are used —

CCO for community corrections officer;

CSI for conditional suspended imprisonment;

PSSO for post-sentence supervision order;

RRO for re-entry release order;

WDO for work and development order.

(4) A reference in this Act to the community includes any

community and is not limited to the community of Western

Australia or Australia.

[Section 4 amended: No. 27 of 2004 s. 10; No. 41 of 2006 s. 4;

No. 65 of 2006 s. 37; No. 29 of 2008 s. 39(2); No. 45 of 2016

s. 4 and 22; No. 49 of 2016 s. 107; No. 13 of 2020 s. 15; No. 29

of 2020 s. 104; No. 30 of 2020 s. 33; Sentencing Legislation

Amendment (Persons Linked to Terrorism) Bill 2021 cl. 4.]

[Section 4. Modifications to be applied in order to give effect to

Cross-border Justice Act 2008: section altered 1 Nov 2009. See

endnote 1M.]

4A. Courts and Tribunals (Electronic Processes Facilitation)

Act 2013 Pt. 2 applies

The Courts and Tribunals (Electronic Processes Facilitation)

Act 2013 Part 2 applies to this Act.

[Section 4A inserted: No. 34 of 2020 s. 61.]

Sentence Administration Act 2003

General matters Part 2

Preliminary Division 1

s. 5

page 9 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

Part 2 — General matters

[Heading amended: No. 41 of 2006 s. 5.]

Division 1 — Preliminary

5. Terms used and calculations

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.

5A. Release considerations about people in custody

In this Act a reference to the release considerations relating to a

prisoner is a reference to these considerations —

(a) the degree of risk (having regard to any likelihood of the

prisoner committing an offence when subject to an early

release order and the likely nature and seriousness of

any such offence) that the release of the prisoner would

appear to present to the personal safety of people in the

community or of any individual in the community;

(b) the circumstances of the commission of, and the

seriousness of, an offence for which the prisoner is in

custody;

(c) any remarks by a court that has sentenced the prisoner to

imprisonment that are relevant to any of the matters

mentioned in paragraph (a) or (b);

(d) issues for any victim of the prisoner if the prisoner is

released, including any matter raised in a victim’s

submission;

(e) the behaviour of the prisoner when in custody insofar as

it may be relevant to determining how the prisoner is

likely to behave if released;

(f) whether the prisoner has participated in programmes

available to the prisoner when in custody, and if not the

reasons for not doing so;

(g) the prisoner’s performance when participating in a

programme mentioned in paragraph (f);

(h) the behaviour of the prisoner when subject to any release

order made previously;

Sentence Administration Act 2003

Part 2 General matters

Division 1 Preliminary

s. 5B

page 10 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(i) the likelihood of the prisoner committing an offence

when subject to an early release order;

(j) the likelihood of the prisoner complying with the

standard obligations and any additional requirements of

any early release order;

(k) any other consideration that is or may be relevant to

whether the prisoner should be released.

[Section 5A inserted: No. 41 of 2006 s. 6; amended: No. 49 of

2016 s. 108.]

5B. Community safety paramount

The Board or any other person performing functions under this

Act must regard the safety of the community as the paramount

consideration.

[Section 5B inserted: No. 41 of 2006 s. 6.]

5C. Victim’s submission to Board

(1) A victim’s submission is a written submission by a victim of an

offender who is in custody that does either or both of the

following —

(a) states the victim’s opinion of the effect the release of the

prisoner would have on the victim;

(b) makes suggestions about the conditions that should

apply to the prisoner if released.

(2) If a victim is personally incapable of making a victim’s

submission due to age, disability or infirmity, a person may

make a victim’s submission on the victim’s behalf.

(3) The Board and the CEO are to establish procedures for the

making of victims’ submissions and their receipt by or

transmission to the Board.

(4) In performing its functions, the Board is to have regard to any

victim’s submission received by or transmitted to it in

accordance with the procedures and is to give the submission

such weight as it sees fit.

(5) The Board must not —

(a) give a victim’s submission, or a copy of a victim’s

submission, to the prisoner or to any person acting for or

on behalf of, or representing, the prisoner; or

Sentence Administration Act 2003

General matters Part 2

Preliminary Division 1

s. 5D

page 11 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(b) allow the prisoner or any person acting for or on behalf

of, or representing, the prisoner to view a victim’s

submission.

[Section 5C inserted: No. 41 of 2006 s. 6; amended: No. 49 of

2016 s. 109.]

5D. Term used: victim of an offender or prisoner

(1) In this Act —

victim of an offender or prisoner means —

(a) a person who has suffered injury, loss or damage as a

direct result of an offence committed by the offender or

prisoner, whether or not that injury, loss or damage was

reasonably foreseeable by the offender or prisoner; or

(b) where an offence committed by the offender or prisoner

resulted in a death, any member of the immediate family

of the deceased; or

(c) a person protected by a family violence restraining order

under the Restraining Orders Act 1997 to which the

offender or prisoner is a respondent; or

(d) a person who can demonstrate, to the satisfaction of the

CEO that —

(i) the person is the victim of a violent personal

offence previously committed by the offender or

prisoner; and

(ii) the violent personal offence occurred in the

context of a family relationship, as defined in the

Restraining Orders Act 1997 section 4, with the

offender or prisoner.

violent personal offence means —

(a) an offence specified in the Restraining Orders Act 1997

section 63(4AA)(a); or

(b) a violent personal offence as defined in the Restraining

Orders Act 1997 section 63A(1A).

(2) For the purposes of subsection (1) in the definition of victim

paragraph (c) or (d), it is irrelevant that the family violence

restraining order or the previous violent personal offence, as the

case requires, is unrelated to the offence referred to in

paragraph (a) or (b) of that definition.

[Section 5D inserted: No. 49 of 2016 s. 110.]

Sentence Administration Act 2003

Part 2 General matters

Division 2 Matters affecting the service of terms

s. 6

page 12 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

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

section 87(1)(d) 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

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

under the Crimes Act 1914 of the Commonwealth.

[Section 6 amended: Sentencing Legislation Amendment

(Persons Linked to Terrorism) Bill 2021 cl. 5.]

7. Order of service of fixed terms

(1) In this section —

fixed term includes —

(a) a period of imprisonment ordered under section 58, 59

or 119A of the Sentencing Act 1995; and

(b) a period of imprisonment specified in a warrant of

commitment issued under the Fines, Penalties and

Infringement Notices Enforcement Act 1994;

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.

(2) A prisoner who has 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

concurrent or cumulative with one another;

(b) secondly, subject to sections 94 and 95A 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 concurrent or cumulative with one another;

Sentence Administration Act 2003

General matters Part 2

Matters affecting the service of terms Division 2

s. 8

page 13 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(c) thirdly, subject to sections 94 and 95A 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 —

(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 1 a

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,

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.

(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

suspended if necessary so that the terms can then be served in

the order required by subsection (2).

[Section 7 amended: No. 41 of 2006 s. 7; No. 3 of 2008 s. 22;

No. 6 of 2014 s. 8.]

8. Effect of not being in custody

(1) A term does not elapse while a prisoner is at large, having

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

(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

fixed term would have ended,

Sentence Administration Act 2003

Part 2 General matters

Division 3 Reports about prisoners

s. 9

page 14 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

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

(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

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

otherwise) in respect of a term if at the time the release could be

ordered he or she is by law required to be kept in custody in

respect of another matter.

Division 3 — Reports about prisoners

[Heading amended: No. 41 of 2006 s. 8.]

11. Report to Minister about the place of custody for a person in

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

circumstances which justify doing so, the CEO must give the

Minister a written report on the place or places where a

Governor’s pleasure detainee is or should be detained in safe

custody.

[Section 11 amended: No. 41 of 2006 s. 9; No. 29 of 2008

s. 39(3) and (4); No. 45 of 2016 s. 5.]

Sentence Administration Act 2003

General matters Part 2

Reports about prisoners Division 3

s. 11A

page 15 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

11A. Reports by CEO to Board about certain prisoners

(1) In this section —

prisoner does not include a prisoner sentenced to a fixed term of

less than the length prescribed for the purposes of this section.

(2) At any time the Board may request the CEO to give the Board a

written report about a prisoner (a prisoner management report).

(3) A request —

(a) must be in writing; and

(b) must specify the prisoner concerned; and

(c) must specify the matters to be dealt with in a prisoner

management report; and

(d) may request the CEO to give a prisoner management

report on more than one occasion, as specified in the

request; and

(e) may request the CEO to give a prisoner management

report —

(i) at a time specified or referred to in the request; or

(ii) at more than one time specified or referred to in

the request.

(4) Without limiting subsection (3)(e), the time at which a prisoner

management report is to be given may be fixed by reference to a

time when the Board will review the prisoner’s circumstances.

(5) The Board may give the CEO written directions in general terms

about giving the Board prisoner management reports.

(6) Matters about which the Board can give the CEO directions

include —

(a) which prisoners the CEO is to give prisoner

management reports about; and

(b) what prisoner management reports are to deal with; and

(c) when prisoner management reports are to be given.

(7) The Board may at any time give the CEO a written notice

amending or cancelling a request or direction given under this

section.

(8) On receiving a request or direction given under this section the

CEO must comply with it so far as is reasonably practicable.

[Section 11A inserted: No. 41 of 2006 s. 10.]

Sentence Administration Act 2003

Part 2 General matters

Division 3 Reports about prisoners

s. 12

page 16 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

12. Reports by Board to Minister about prisoners generally

(1) At any time the Minister, in writing, may request the Board to

report about a prisoner.

(2) The Board must give the Minister a written report about a

prisoner —

(a) whenever it gets a written request to do so from the

Minister; and

(b) whenever it considers it necessary to do so.

(3) A report given under subsection (2) must deal with the release

considerations relating to the prisoner.

(4) Subject to sections 66B(1) and 66G(1), section 66B(1), a

report —

(a) must, if given under subsection (2)(a); and

(b) may, if given under subsection (2)(b),

recommend whether or not the Governor should be advised to

exercise any power vested in the Governor to release the

prisoner and, if release is recommended, the requirements or

conditions (if any) that should apply to the prisoner’s release.

(5) If a report given under subsection (2) about a prisoner

recommends that the prisoner be released, the report must, in

addition to addressing the matters required by subsections (3)

and (4), report —

(a) on the nature and circumstances of the offence, or

offences, that gave rise to the prisoner being in custody;

and

(b) if parole is recommended —

(i) on the period for which the prisoner should be on

parole; and

(ii) on the additional requirements (if any) to which

the prisoner should be subject while on parole,

and may address any other matters the Board thinks fit.

[Section 12 inserted: No. 41 of 2006 s. 11; amended: No. 29 of

2008 s. 39(5); No. 45 of 2016 s. 6; No. 2 of 2018 s. 4;

Sentencing Legislation Amendment (Persons Linked to

Terrorism) Bill 2021 cl. 6.]

Sentence Administration Act 2003

General matters Part 2

Reports about prisoners Division 3

s. 12A

page 17 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

12A. Reports by Board to Minister about Schedule 3 prisoners

(1) A report must be given under this section about a Schedule 3

prisoner regardless of whether or not a report has been given

about the prisoner under section 12 (although reports may be

combined under section 12B).

(2) Except as provided in subsection (2A), the Board must give the

Minister a written report about a Schedule 3 prisoner —

(a) described in Division 1 column 2 of that Schedule — at

the times provided in columns 3 and 4 of that Division

for a prisoner of that description; and

(b) described in Division 2 column 2 of that Schedule — at

the times provided in column 4 of that Division for a

prisoner of that description.

(2A) The Board must not give a written report under subsection (2)

about a prisoner at any time when a direction under section 14C

is in effect in relation to the prisoner.

(2B) If a direction under section 14C in relation to a prisoner ceases

to have effect, and if no other direction under that section is in

effect in relation to that prisoner, then except as provided in

subsection (2C) the Board must resume giving reports about the

prisoner under subsection (2) as if —

(a) no direction under section 14C had been given in

relation to the prisoner; and

(b) each report which would have been required but for a

direction under section 14C had been given when due.

(2C) If a report about a prisoner under subsection (2) is due to be

given within 7 months after a direction under section 14C in

relation to the prisoner ceases to have effect, the Board must

give the report by or as soon as practicable after the day on

which it is due but in any event not later than 7 months after the

direction ceases to have effect.

(3) A report given under subsection (2) must deal with the release

considerations relating to the prisoner.

(4) If a report given under subsection (2) recommends that the

prisoner be released, the report must, in addition to any other

matters the Board thinks fit, report on —

(a) whether the prisoner should be released on parole; and

Sentence Administration Act 2003

Part 2 General matters

Division 3 Reports about prisoners

s. 12B

page 18 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(b) if release on parole is recommended —

(i) the period for which the prisoner should be on

parole; and

(ii) the additional requirements (if any) to which the

prisoner should be subject while on parole.

(5) Subject to sections 66B(1) and 66G(1), section 66B(1), a report

given under subsection (2) may recommend whether or not the

Governor should be advised to exercise any power vested in the

Governor to release the prisoner, and, if release is

recommended, the requirements or conditions (if any) that

should apply to the prisoner’s release.

(6) For the purposes of determining under subsection (2)(b) when a

subsequent report is due for a prisoner described in Schedule 3

Division 2 column 2 —

(a) it is immaterial whether the first report was given under

a provision of this Act, the Sentence Administration

Act 1995 or the Offenders Community Corrections

Act 1963 that applied (or was taken to have applied) to

or in respect of the prisoner, as long as the report dealt

with release considerations (however described) relating

to the prisoner; and

(b) if a first report was not given, or was not given when it

was due, then the first report is to be taken to have been

given at the time provided in column 3 of that Division

for a prisoner of that description.

[Section 12A inserted: No. 41 of 2006 s. 11; amended: No. 29 of

2008 s. 39(6); No. 45 of 2016 s. 7; No. 2 of 2018 s. 5; No. 42 of

2018 s. 4; Sentencing Legislation Amendment (Persons Linked

to Terrorism) Bill 2021 cl. 7.]

12B. Combined reports may be given under sections 12 and 12A

(1) The Board may combine the following reports to form one

report (a combined report) —

(a) a report that is to be given about a prisoner under

section 12 (the first report) and a report that is due to be

given about the same prisoner under section 12A within

3 months of the first report; or

(b) a report that is due to be given about a prisoner under

section 12A at a time provided in one item of Schedule 3

(the first report) and another report, or reports, due to be

given about the same prisoner under section 12A at a

Sentence Administration Act 2003

General matters Part 2

Programmes for certain prisoners Division 4

s. 12C

page 19 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

time, or times, provided in another item, or items, of

Schedule 3 that is, or are, within 3 years of the first

report.

(2) A combined report given in the circumstances described in —

(a) subsection (1)(a) is to be taken to have been given under

section 12 and under section 12A;

(b) subsection (1)(b), and that specifies each item of

Schedule 3 in respect of which a report about the

prisoner is being combined, is to be taken to satisfy the

requirements of section 12A for a report about that

prisoner at the time provided under each of those items.

(3) A report under section 12A referred to in subsection (1)(a) may

be a combined report given in the circumstances described in

subsection (1)(b).

[Section 12B inserted: No. 45 of 2016 s. 8.]

Division 4 — Programmes for certain prisoners

[Heading inserted: No. 41 of 2006 s. 12.]

12C. References to Board

In this Division, a reference to the Board, in relation to a

prisoner with links to terrorism who is being assessed for

inclusion in a re-socialisation programme under section 13 or

14, is a reference to the Board as constituted by the chairperson

alone.

[Section 12C inserted: Sentencing Legislation Amendment

(Persons Linked to Terrorism) Bill 2021 cl. 8.]

13. Re-socialisation programmes for Schedule 3 prisoners

(1) In this section —

prisoner means a Schedule 3 prisoner.

(2) At a prescribed time in the sentence of a prisoner the CEO must

assess —

(a) the suitability of the prisoner for inclusion in a

re-socialisation programme; and

(b) whether the prisoner’s participation in a re-socialisation

programme can be facilitated by the CEO.

(3) The CEO is to give the Board a written report on the outcome of

an assessment made under subsection (2).

Sentence Administration Act 2003

Part 2 General matters

Division 4 Programmes for certain prisoners

s. 13

page 20 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(4) If the Board —

(a) has received a report under subsection (3) advising that

the CEO can facilitate the prisoner’s participation in a

re-socialisation programme; and

(b) considers that the prisoner may be suitable for inclusion

in a re-socialisation programme,

then except as provided in subsection (5A) the Board may

request the CEO to give it a detailed description of a

re-socialisation programme in which the prisoner should

participate before being released, and the CEO must comply

with that request.

(5) If after —

(a) receiving a re-socialisation programme from the CEO

under subsection (4); and

(b) considering the release considerations relating to the

prisoner,

the Board endorses the programme, with or without variations,

then except as provided in subsections (5A) and (5B)

subsection (5A) the Board may, in a report given under

section 12A(2) or at any other time, recommend to the Minister

that the Governor should be advised to approve of the

programme as so endorsed and of the prisoner’s participation in

it.

(5A) At any time when a direction under section 14C is in effect in

relation to a prisoner —

(a) the Board must not make a request under subsection (4)

in relation to the prisoner; and

(b) the CEO must not comply with a request under

subsection (4) in relation to the prisoner; and

(c) the Board must not, for the purposes of subsection (5),

consider release considerations, endorse a

re-socialisation programme or make a recommendation

in relation to the prisoner.

(5B) The Board must not endorse a re-socialisation programme or

make a recommendation for the purposes of subsection (5) in

relation to a prisoner with links to terrorism who is subject to a

Commissioner of Police report unless the Board, having regard

to the report, is satisfied that the prisoner is suitable for

inclusion in the programme.

Sentence Administration Act 2003

General matters Part 2

Programmes for certain prisoners Division 4

s. 14

page 21 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(6) If the Governor approves of the re-socialisation programme and

of the prisoner’s participation in it, the Board is to provide it to

the CEO as so approved.

(7) The CEO must give a copy of the approved re-socialisation

programme to the prisoner and implement it as far as is

reasonably practicable unless it is suspended or cancelled in

accordance with the regulations.

(8) A prisoner is not to participate in a re-socialisation programme

other than one approved by the Governor and provided to the

CEO under subsection (6).

(9) Nothing in this section limits the power of —

(a) the Board to recommend to the CEO any other

programme in which the prisoner should participate

before being released; or

(b) the CEO to implement any other programme before the

prisoner is released.

[Section 13 inserted: No. 41 of 2006 s. 12; amended: No. 45 of

2016 s. 9; No. 42 of 2018 s. 5; Sentencing Legislation

Amendment (Persons Linked to Terrorism) Bill 2021 cl. 9.]

14. Re-socialisation programmes for certain other prisoners

(1) In this section —

prisoner does not include —

(a) a prisoner sentenced to a fixed term of less than the

length prescribed for the purposes of section 11A; or

(b) a Schedule 3 prisoner.

(2) Without limiting section 11A, the Board may at any time

request the CEO to assess, at a prescribed time in the sentence

of a prisoner —

(a) the suitability of the prisoner for inclusion in a

re-socialisation programme; and

(b) whether the prisoner’s participation in a re-socialisation

programme can be facilitated by the CEO.

(3) The CEO is to give the Board a written report on the outcome of

an assessment made under subsection (2).

(4) If the Board —

(a) has received a report under subsection (3) advising that

the CEO can facilitate the prisoner’s participation in a

re-socialisation programme; and

Sentence Administration Act 2003

Part 2 General matters

Division 4 Programmes for certain prisoners

s. 14A

page 22 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(b) considers that the prisoner may be suitable for inclusion

in a re-socialisation programme,

the Board may request the CEO to give it a detailed description

of a re-socialisation programme in which the prisoner should

participate before being released, and the CEO must comply

with that request.

(5) If after —

(a) receiving a re-socialisation programme from the CEO

under subsection (4); and

(b) considering the release considerations relating to the

prisoner,

the Board approves of the programme, with or without

variations, and of the prisoner’s participation in it, except as

provided in subsection (5A), the Board is to provide it to the

CEO as so approved.

(5A) The Board must not approve a programme for the purposes of

subsection (5) in relation to a prisoner with links to terrorism

who is subject to a Commissioner of Police report unless the

Board, having regard to the report, is satisfied that the prisoner

is suitable for inclusion in the programme.

(6) The CEO must give a copy of the approved re-socialisation

programme to the prisoner and implement it as far as is

reasonably practicable unless it is suspended or cancelled in

accordance with the regulations.

(7) Nothing in this section limits the power of —

(a) the Board to recommend to the CEO any other

programme in which the prisoner should participate

before being released; or

(b) the CEO to implement any other programme before the

prisoner is released.

[Section 14 inserted: No. 41 of 2006 s. 12; amended: No. 45 of

2016 s. 10; Sentencing Legislation Amendment (Persons Linked

to Terrorism) Bill 2021 cl. 10.]

14A. Regulations as to re-socialisation programmes

Regulations may deal with —

(a) the procedures set out in sections 13 and 14; and

Sentence Administration Act 2003

General matters Part 2

Directions to suspend reporting Division 5

s. 14B

page 23 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(b) the nature and content of re-socialisation programmes

and their implementation, suspension, cancellation and

reinstatement.

[Section 14A inserted: No. 41 of 2006 s. 12.]

Division 5 — Directions to suspend reporting

[Heading inserted: No. 42 of 2018 s. 6.]

14B. Terms used

In this Division —

designated prisoner means a Schedule 3 prisoner who is serving

a sentence for a relevant offence (the first relevant offence) and

who —

(a) has been convicted of 2 or more other relevant offences

which were committed at any time; or

(b) has been convicted of another relevant offence which

was committed on a different day than the first relevant

offence;

relevant offence means —

(a) murder; or

(b) an offence under the law of the Commonwealth, of

another State, of a Territory, or of any place outside

Australia, which is constituted by conduct that is

substantially the same as the conduct constituting

murder;

relevant report means a report given by the Board to the

Minister under —

(a) section 12A(2); or

(b) the Offenders Community Corrections Act 1963

section 34(2)(c) or (d) as continued in operation by the

Sentencing (Consequential Provisions) Act 1995 Part 56

Division 2.

[Section 14B inserted: No. 42 of 2018 s. 6.]

14C. Minister may direct suspension of reporting

(1) At any time after the Minister has received a relevant report

about a designated prisoner the Minister may direct that the

operation of sections 12A(2) and 13(4) and (5) in relation to that

designated prisoner be suspended.

Sentence Administration Act 2003

Part 2 General matters

Division 5 Directions to suspend reporting

s. 14D

page 24 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(2) A direction under subsection (1) must —

(a) be in writing; and

(b) specify a day on which the direction takes effect, which

must not be earlier than the day the direction is made;

and

(c) specify a day on which the direction ceases to have

effect, which must not be later than 6 years after the day

specified under paragraph (b).

(3) The Minister must give copies of a direction under

subsection (1) to the Board, the CEO and the designated

prisoner.

(4) The Minister may not make a direction under subsection (1)

while a previous direction in relation to the same designated

prisoner remains in effect, unless the previous direction is to

cease to have effect within 3 months of the Minister’s direction.

(5) There is no limit to the number of directions the Minister may

make under subsection (1) in relation to a designated prisoner.

(6) A direction under subsection (1) does not prevent the Board

from giving reports under section 12 in relation to the

designated prisoner.

[Section 14C inserted: No. 42 of 2018 s. 6.]

14D. No review of direction to suspend reporting

(1) A direction under section 14C —

(a) must not be challenged, appealed against, reviewed,

quashed or called into question in any court; and

(b) is not subject to review or remedy by way of prohibition,

mandamus, injunction, declaration or certiorari, or a

remedy having the same effect as a remedy that could be

provided by means of such a writ, in any court on any

account.

(2) Subsection (1) does not exclude or limit judicial review for

jurisdictional error.

[Section 14D inserted: No. 42 of 2018 s. 6.]

Sentence Administration Act 2003

Parole Part 3

Preliminary Division 1

s. 15

page 25 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

Part 3 — Parole

Division 1 — Preliminary

15. Terms used and calculations

In this Part, unless the contrary intention appears, words and

expressions have the same definitions, and calculations are to be

made in the same way, as in Part 13 of the Sentencing Act 1995.

[Section 15 inserted: No. 41 of 2006 s. 13.]

[16. Deleted: No. 41 of 2006 s. 14.]

Division 2 — Reports about certain people eligible for parole

17. Parole term, CEO to give Board report about prisoner on

(1) In the case of a prisoner serving a parole term the CEO must

give the Board a written report that deals with the release

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 under section 93(1) of the Sentencing

Act 1995.

(3) The CEO’s duty under this section in respect of a prisoner is in

addition to any duty under section 11A in respect of the prisoner

unless the Board, having received a prisoner management report

under section 11A in respect of the prisoner, directs the CEO

not to comply with this section.

[Section 17 amended: No. 41 of 2006 s. 15.]

[18. Deleted: No. 41 of 2006 s. 16.]

Division 3 — Parole in case of parole term

19. Term used: prisoner

In this Division —

prisoner means a prisoner serving a parole term.

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.

Sentence Administration Act 2003

Part 3 Parole

Division 4 Parole in case of short term

s. 22

page 26 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(2) If the Board, having regard to —

(aa) the requirements of sections 66B(1) and 66G(1); and

section 66B(1); and

(a) the release considerations relating to a prisoner; and

(b) any report made by the CEO under section 17; and

(c) any other information about the prisoner brought to its

attention,

decides that it is appropriate to release the prisoner on parole, it

must make a parole order in respect of the prisoner.

(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.

(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.

[Section 20 amended: No. 41 of 2006 s. 17; No. 2 of 2018 s. 6;

Sentencing Legislation Amendment (Persons Linked to

Terrorism) Bill 2021 cl. 11.]

[21. Deleted: No. 41 of 2006 s. 18.]

Division 4 — Parole in case of short term

22. Application of Division

(1) This Division applies to a prisoner if and only if —

(a) the prisoner is serving one term and that term is less than

6 months and is not a prescribed term or a term in

respect of which a parole eligibility order has been

made; or

(b) the aggregate of terms the prisoner is serving or is yet to

serve is less than 6 months and neither or none of them

is a prescribed term or a term in respect of which a

parole eligibility order has been made.

Sentence Administration Act 2003

Parole Part 3

Parole in case of short term Division 4

s. 23

page 27 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(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.

[Section 22 amended: No. 41 of 2006 s. 19; No. 45 of 2016

s. 23.]

23. Board may parole prisoner

(1) In this section —

prescribed prisoner means a prisoner who —

(a) is serving a term for a serious offence; or

(b) was released, whether on parole or otherwise, from

serving a term for a serious offence on a date in the

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 2

and that was cancelled under this Act or that 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 —

(a) if he or she is serving a term for a prescribed offence,

when he or she has served the greater of —

(i) the mandatory minimum sentence applicable to

the offence; or

(ii) one-half of his or her term;

or

(b) if he or she is serving a term for 2 or more prescribed

offences, when he or she has served the greater of —

(i) the aggregate of the mandatory minimum

sentences applicable to each of those prescribed

offences; or

(ii) one-half of his or her term;

or

(c) in any other case, when he or she has served one-half of

his or her term.

(2a) In making a decision under this section in respect of a prisoner,

the Board must have regard to —

(aa) the requirements of sections 66B(1) and 66G(1); and

section 66B(1); and

Sentence Administration Act 2003

Part 3 Parole

Division 4 Parole in case of short term

s. 23

page 28 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(a) the release considerations relating to the prisoner; and

(b) any report made by the CEO under section 17; and

(c) any other information about the prisoner brought to its

attention.

(3) Subject to sections 10, 66B(1) and 66G(1),10 and 66B(1), the

Board —

(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

release date in the order is that set by the Board, 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

prisoner is eligible to be released on parole.

(5a) Despite subsection (5), the Board may defer the release date of a

parole order by up to 7 days if transport arrangements cannot be

made for the prisoner on the day when the prisoner is eligible

for release.

(5b) Despite subsection (5), the Board does not have to make a

parole order under subsection (3)(b) while the prisoner is

required to be kept in custody in respect of another matter.

(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

it is supervised or unsupervised.

[(8) deleted]

(9) The following provisions do not apply to a parole order

(unsupervised) —

(a) section 28(1)(b);

(b) section 29;

(c) section 30;

(d) section 31;

Sentence Administration Act 2003

Parole Part 3

Parole in case of life or indefinite imprisonment Division 5

s. 25

page 29 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(e) section 37;

(f) Division 9.

(10) If the Board decides it is not appropriate to release a prisoner

under subsection (3)(a), the Board is not precluded from

subsequently reconsidering whether the prisoner should be

released on parole.

[Section 23 amended: No. 41 of 2006 s. 20; No. 6 of 2014 s. 9;

No. 2 of 2018 s. 7; Sentencing Legislation Amendment (Persons

Linked to Terrorism) Bill 2021 cl. 12.]

[24. Deleted: No. 45 of 2016 s. 24.]

Division 5 — Parole in case of life or indefinite imprisonment

[Heading amended: No. 29 of 2008 s. 39(7).]

25. Life imprisonment, Governor may parole prisoner

(1) In this section —

prisoner means any of the following prisoners —

(a) a prisoner serving life imprisonment for murder

where —

(i) a minimum period has been set under

section 90(1)(a) of the Sentencing Act 1995 and

the prisoner has served that minimum period; or

(ii) the prisoner was sentenced before

4 November 1996;

(b) a prisoner serving life imprisonment for an offence other

than murder where —

(i) the prisoner has served the period required by

section 96(1) of the Sentencing Act 1995; or

(ii) the prisoner was sentenced before

4 November 1996.

(1A) The Governor may make a parole order in respect of a prisoner

but only if a report about the prisoner has been given by the

Board to the Minister under section 12 or 12A.

(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.

[Section 25 amended: No. 41 of 2006 s. 22; No. 29 of 2008

s. 39(8); No. 45 of 2016 s. 11.]

Sentence Administration Act 2003

Part 3 Parole

Division 5A Releasing prisoners during the Governor’s pleasure

s. 27

page 30 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

[26. Deleted: No. 29 of 2008 s. 39(9).]

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 under section 12

or 12A.

(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.

[Section 27 amended: No. 41 of 2006 s. 22.]

Division 5A — Releasing prisoners during the Governor’s

pleasure

[Heading inserted: No. 41 of 2006 s. 23.]

27A. Operation of this Division

The powers in this Division are in addition to the power of the

Governor to at any time release a Governor’s pleasure detainee.

[Section 27A inserted: No. 41 of 2006 s. 23; amended: No. 45 of

2016 s. 12.]

27B. Release may be by parole order

(1) The release by the Governor of a person who is a Governor’s

pleasure detainee may, if the Governor thinks fit, be by means

of a parole 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 under section 12 or 12A.

(3) The release date is that set by the Governor.

(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

each House of Parliament within 15 sitting days of that House

after it is made.

[Section 27B inserted: No. 41 of 2006 s. 23; amended: No. 29 of

2008 s. 39(10) ; No. 45 of 2016 s. 13.]

Sentence Administration Act 2003

Parole Part 3

Parole orders Division 6

s. 28

page 31 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

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 —

(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 parole period

specified in the order he or she will comply with —

(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) deleted]

[Section 28 amended: No. 41 of 2006 s. 24.]

29. Parole order, standard obligations

The standard obligations of a parole order 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; and

(b) must notify a CCO of any change of address or place of

employment within 2 clear working days after the

change; and

(c) must comply with section 76.

30. Parole order, additional requirements

(1) A parole order may contain such of these additional

requirements as the Board or the Governor (as the case may be)

thinks fit —

(a) a requirement as to where the prisoner must reside;

(b) requirements to protect any victim of a prisoner from

coming into contact with the prisoner;

(c) a requirement that the prisoner wear an approved

electronic monitoring device;

Sentence Administration Act 2003

Part 3 Parole

Division 6 Parole orders

s. 31

page 32 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(d) a requirement that the prisoner permit the installation of

an approved electronic monitoring device at the place

where the prisoner resides;

(e) a requirement that, if the CEO so directs, the prisoner —

(i) wear an approved electronic monitoring device;

or

(ii) permit the installation of an approved electronic

monitoring device at the place where the prisoner

resides;

(f) a requirement that the prisoner must not leave Western

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

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

approved by the CEO;

(j) prescribed requirements.

(2) If the parole order relates to a prisoner who has been serving

imprisonment for a family violence offence and the prisoner is a

serial family violence offender, the Board must give specific

consideration as to whether to impose a requirement under

subsection (1)(c), (d) or (e).

[Section 30 amended: No. 41 of 2006 s. 25; No. 49 of 2016

s. 111; No. 13 of 2020 s. 16; No. 30 of 2020 s. 34.]

[Section 30. Modifications to be applied in order to give effect

to Cross-border Justice Act 2008: section altered 1 Nov 2009.

See endnote 1M.]

31. CEO to ensure parolee is supervised during

supervised period

(1) Unless the parole order is a parole order (unsupervised), the

CEO must ensure that during the parole period of a parole order

a CCO is assigned to supervise the prisoner.

Sentence Administration Act 2003

Parole Part 3

Parole orders, general provisions Division 7

s. 32

page 33 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(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,

the CEO may recommend to the Board that the prisoner no

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 parole 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

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 parole period.

(6) The Board at any time may cancel a direction given to the CEO

under subsection (3).

[Section 31 amended: No. 41 of 2006 s. 26.]

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.

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.

[(2) deleted]

(3) 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.

[Section 33 amended: No. 41 of 2006 s. 27.]

Sentence Administration Act 2003

Part 3 Parole

Division 8 Amendment of parole orders

s. 34

page 34 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

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.

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 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 or

the Governor (as the case may be) may then make a parole

order.

[(2) deleted]

(3) 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.

(4) The release date in a parole order made under subsection (1) is

that set by the Board or the Governor (as the case may be).

(5) If the parole order is to be made in respect of a parole term, then

section 20(4) applies.

(6) If Division 4 applies to the prisoner, then section 23(6) applies.

[Section 35 amended: No. 41 of 2006 s. 28.]

Division 8 — Amendment of parole orders

36. Amending before release

A parole order may be amended after it is made and before the

prisoner concerned is released under it —

(a) by the Board, if it was made by the Board; or

[(b) deleted]

(c) by the Governor or the Board, if it was made by the

Governor.

[Section 36 amended: No. 41 of 2006 s. 29.]

Sentence Administration Act 2003

Parole Part 3

Suspension of parole orders Division 9

s. 37

page 35 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

37. Amending during parole period

(1) The Board may, at any time during the parole period of a parole

order, amend the parole order, irrespective of whether it was

made by the Board or by the Governor.

[(2) deleted]

(3) If a parole order is amended, the amended order applies

accordingly.

[Section 37 amended: No. 41 of 2006 s. 30.]

Division 9 — Suspension of parole orders

38. Suspension by CEO

(1) The CEO may, at any time during the parole period of a parole

order, suspend the parole order, irrespective of whether it was

made 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 parole period.

(3) The written notice must include reasons for the decision.

[Section 38 amended: No. 41 of 2006 s. 31.]

39. Suspension by Board

(1) The Board may, at any time during the parole period of a parole

order, suspend the parole order, irrespective of whether it was

made by the Board or by the Governor.

(2) Subsection (1) does not apply to a parole order (unsupervised).

[Section 39 amended: No. 41 of 2006 s. 32.]

40. Period of suspension

(1) If under section 38 the CEO, or under section 39 the Board,

suspends a parole order made by the Board or the Governor —

(a) the Board is to set the period of suspension; and

(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

the suspension period ends.

[(2) deleted]

[Section 40 amended: No. 41 of 2006 s. 33.]

Sentence Administration Act 2003

Part 3 Parole

Division 10 Cancellation of parole orders

s. 41

page 36 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

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. Deleted: No. 41 of 2006 s. 34.]

Division 10 — Cancellation of parole orders

43. Cancellation before release

(1) A parole order may be cancelled after it is made and before the

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.

[(2) deleted]

[Section 43 amended: No. 41 of 2006 s. 35.]

44. Cancellation after release

(1) The Board may cancel a parole order made by the Board or the

Governor at any time during the parole period.

[(2), (3) deleted]

(4) Except as provided in section 67A, if If the parole order is a

parole order (unsupervised), the Board’s power to cancel cannot

be exercised unless, during the parole period, the prisoner is

charged with or is convicted of an offence.

[Section 44 amended: No. 41 of 2006 s. 36; Sentencing

Legislation Amendment (Persons Linked to Terrorism) Bill

2021 cl. 13.]

[45. Deleted: No. 41 of 2006 s. 37.]

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

taken effect or not.

Sentence Administration Act 2003

Parole Part 3

Miscellaneous Division 11

s. 48

page 37 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

Division 11 — Miscellaneous

[47. Deleted: No. 41 of 2006 s. 38.]

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 —

(i) directs the CEO that the prisoner need no longer

be supervised; or

(ii) cancels such a direction;

or

(b) under section 36 or 37, the order is amended; or

(c) under Division 9, the order is suspended and the

suspension is not cancelled by the Board within 30 days

afterwards; or

(d) under Division 10 or section 67A, 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

(ea) a summary of the grounds and any submissions in an

application for a review made by the prisoner under

section 115A; 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

to release the prisoner on parole.

(2) The Governor may cancel a decision referred to in

subsection (1).

[Section 48 amended: No. 41 of 2006 s. 39; Sentencing

Legislation Amendment (Persons Linked to Terrorism) Bill

2021 cl. 14.]

49. Resolution of doubtful cases

(1) If a doubt or difficulty arises to which this section applies and

neither this Act nor the Sentencing Act 1995 nor the Sentencing

Legislation Amendment and Repeal Act 2003 makes adequate

provision for it, the CEO may apply in a summary way to a

Sentence Administration Act 2003

Part 3 Parole

Division 11 Miscellaneous

s. 49

page 38 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

judge of the Supreme Court for an order resolving the doubt or

difficulty.

(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; or

(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 —

(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; or

(b) any matter relating to parole, including the date when a

prisoner is eligible to be released on parole, the parole

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

lawful custody,

irrespective of when the sentence was imposed.

[Section 49 amended: No. 41 of 2006 s. 40.]

Sentence Administration Act 2003

Re-entry release orders Part 4

s. 50

page 39 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

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 —

(a) he or she is not serving a parole term; and

(b) he or she is not serving life imprisonment or indefinite

imprisonment; and

(ca) he or she is not subject to an order made under the High

Risk Serious Offenders Act 2020 section 48(1)(a); and

(c) he or she is not a person referred to in section 27B(1);

and

(d) at the release date that would be specified in the RRO if it

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.

[Section 50 amended: No. 41 of 2006 s. 41; No. 29 of 2008

s. 39(11); No. 17 of 2016 s. 52; No. 29 of 2020 s. 105.]

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

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 address the

release considerations relating to the prisoner.

[Section 51 amended: No. 41 of 2006 s. 42.]

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 —

(a) make an RRO to come into effect on a date specified by

the Board; or

(b) defer the making of an RRO; or

(c) refuse to make an RRO.

Sentence Administration Act 2003

Part 4 Re-entry release orders

s. 54

page 40 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(2) When deciding whether or not to make an RRO in respect of the

prisoner the Board is to have regard to the requirements of

sections 66B(1) and 66G(1) section 66B(1) and the release

considerations relating to a prisoner.

(3) In particular the Board must have regard to whether 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.

[(4) deleted]

(5) An RRO may relate to more than one term.

[Section 52 amended: No. 41 of 2006 s. 43; No. 2 of 2018 s. 8;

Sentencing Legislation Amendment (Persons Linked to

Terrorism) Bill 2021 cl. 15.]

[53. Deleted: No. 41 of 2006 s. 44.]

54. RRO, nature of

(1) An RRO is an order that on a release date specified in the order

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

force he or she will comply with —

(i) the standard obligations in section 55; and

(ii) such of the primary requirements in section 56 as

the RRO contains; and

(iii) any additional requirements imposed by the

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 under

the RRO; and

(b) ending on the date when under section 95 of the

Sentencing Act 1995, the prisoner must be released.

Sentence Administration Act 2003

Re-entry release orders Part 4

s. 55

page 41 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(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.

[Section 54 amended: No. 41 of 2006 s. 45.]

55. RRO, standard obligations

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; and

(b) must, in each period of 7 days, do the prescribed number

of hours of community corrections activities; and

(c) must not leave the State; and

(d) must not change address or place of employment

without the prior permission of a CCO; and

(e) must comply with section 76.

[Section 55. Modifications to be applied in order to give effect

to Cross-border Justice Act 2008: section altered 1 Nov 2009.

See endnote 1M.]

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

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

re-entry into the community after being released from

custody.

(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 —

(a) an order to attend educational, vocational, or personal

development programmes or courses;

(b) an order to undergo counselling in relation to

behavioural matters.

Sentence Administration Act 2003

Part 4 Re-entry release orders

s. 57

page 42 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

57. RRO, additional requirements

(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 an approved electronic

monitoring device; or

(b) requiring the prisoner to permit the installation of an

approved electronic monitoring device at the place

where the prisoner resides.

(3) If the prisoner has been serving imprisonment for a family

violence offence and the prisoner is a serial family violence

offender, the Board must give specific consideration as to

whether to impose a requirement under subsection (2).

[Section 57 amended: No. 13 of 2020 s. 17; No. 30 of 2020

s. 35.]

58. Prisoner’s undertaking

(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

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.

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 —

(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

longer be supervised by a CCO.

Sentence Administration Act 2003

Re-entry release orders Part 4

s. 61

page 43 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(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.

(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.

(6) The Board may at any time cancel a direction given to the CEO

under subsection (3).

[60. Deleted: No. 41 of 2006 s. 46.]

61. Suspension of RRO 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

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 —

(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 —

(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; or

(ii) suspend the order for a further period; or

(iii) refer the prisoner’s case to the Board for

consideration.

Sentence Administration Act 2003

Part 4 Re-entry release orders

s. 63

page 44 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(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.

(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.

(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. Deleted: No. 41 of 2006 s. 47.]

63. Cancellation of RRO by Board

(1) The Board may cancel an RRO at any time during the period of

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.

[64. Deleted: No. 41 of 2006 s. 48.]

Sentence Administration Act 2003

Provisions applying to early release orders Part 5

General Division 1

s. 65

page 45 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

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 —

(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,

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

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

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.

Division 1A — Homicide offence or homicide related offence

[Heading inserted: No. 2 of 2018 s. 9.]

66A. Terms used

In this Division —

homicide offence means an offence of —

(a) murder; or

(b) manslaughter; or

(c) infanticide under The Criminal Code section 287A as in

force before the commencement of the Criminal Law

Amendment (Homicide) Act 2008 section 13;

Sentence Administration Act 2003

Part 5 Provisions applying to early release orders

Division 1A Homicide offence or homicide related offence

s. 66A

page 46 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

homicide related offence means any of the following offences,

if the offence relates to the death of a person —

(a) counselling or procuring the commission of a homicide

offence; or

(b) inciting another person to commit a homicide offence; or

(c) becoming an accessory after the fact to a homicide

offence; or

(d) conspiring with another person to commit a homicide

offence;

release action means making a parole order under

section 23(3)(b) in respect of a prisoner;

release decision means —

(a) a decision to recommend, in a report given under

section 12 or 12A, that a prisoner be released; or

(b) a decision under section 20(2) that it is appropriate to

release a prisoner on parole; or

(c) a decision under section 23(3)(a) to make a parole order

in respect of a prisoner; or

(d) a decision under section 52(1) to make an RRO in

respect of a prisoner;

relevant prisoner means —

(a) a person serving a sentence for a homicide offence or

homicide related offence; or

(b) a person subject to a sentence of detention imposed

under The Criminal Code section 279(5)(b); or

(c) a person in, or regarded as being in, strict or safe

custody by virtue of an order under The Criminal Code

section 282 (repealed by the Criminal Law Amendment

(Homicide) Act 2008 section 10); or

(d) a person subject to a direction or sentence under

The Criminal Code section 661 or 662 (repealed by the

Sentencing (Consequential Provisions) Act 1995

section 26) where at least one of the offences referred to

in The Criminal Code section 661 or 662 was a

homicide offence or homicide related offence;

remains of the victim, in relation to a homicide offence, means

the remains of the person against whom the homicide offence

was committed.

[Section 66A inserted: No. 2 of 2018 s. 9.]

Sentence Administration Act 2003

Provisions applying to early release orders Part 5

Homicide offence or homicide related offence Division 1A

s. 66B

page 47 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

66B. Board not to release or recommend release unless prisoner

cooperates or victim’s remains located

(1) The Board must not make a release decision, or take release

action, in relation to a relevant prisoner in custody for a

homicide offence or homicide related offence unless the Board

is satisfied that —

(a) the prisoner has cooperated with a member of the Police

Force in the identification of the location, or last known

location, of the remains of the victim of the homicide

offence; or

(b) a member of the Police Force knows the location of the

remains of the victim of the homicide offence.

(2) The Board may be satisfied under subsection (1)(a) in relation to

a relevant prisoner in custody for a homicide offence or

homicide related offence even if the prisoner did not

cooperate —

(a) before being sentenced for the offence; or

(b) before the determination of an appeal against the

conviction or sentence for the offence.

(3) The Board must, when deciding whether it is satisfied under

subsection (1)(a), take into account any information the Board

has about the prisoner’s mental capacity to provide relevant

information or evidence.

(4) This section applies to a decision or action in relation to a

relevant prisoner in custody for a homicide offence or homicide

related offence whether the offence was committed before, on or

after the day on which the Sentence Administration Amendment

Act 2018 section 9 comes into operation.

[Section 66B inserted: No. 2 of 2018 s. 9.]

66C. Commissioner of Police report

(1) On each occasion on which the Board is required to consider

whether to make a release decision, or take release action, in

relation to a relevant prisoner in custody for a homicide offence

or homicide related offence, the Board must make a written

request to the Commissioner of Police for a written report.

(2) The Board does not have to request a report if the Board is

already satisfied that a member of the Police Force knows the

location of the remains of the victim of the homicide offence.

Sentence Administration Act 2003

Part 5 Provisions applying to early release orders

Division 1B Prisoners with links to terrorism or subject to Commissioner of Police reports

s. 66D

page 48 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(3) The report must deal with each of the following matters —

(a) in relation to the prisoner’s cooperation described in

section 66B(1)(a) —

(i) the nature and extent of the prisoner’s

cooperation; and

(ii) the timeliness of the prisoner’s cooperation; and

(iii) the truthfulness, completeness and reliability of

any information or evidence provided by the

prisoner; and

(iv) the significance and usefulness of the prisoner’s

cooperation; and

(v) to the extent known to the Commissioner of

Police, the prisoner’s mental capacity to provide

relevant information or evidence;

(b) whether a member of the Police Force knows the

location of the remains of the victim of the homicide

offence.

(4) The Commissioner of Police must give the Board the report

within a reasonable period of time after receiving the request.

(5) If the Board requests a report the Board must, when deciding

whether it is satisfied for the purposes of section 66B(1), take

into account the matters referred to in subsection (3) as dealt

with in the report.

[Section 66C inserted: No. 2 of 2018 s. 9.]

Division 1B — Prisoners with links to terrorism or subject to

Commissioner of Police reports

[Heading inserted: Sentencing Legislation Amendment (Persons

Linked to Terrorism) Bill 2021 cl. 16.]

Subdivision 1 — Preliminary

[Heading inserted: Sentencing Legislation Amendment (Persons

Linked to Terrorism) Bill 2021 cl. 16.]

66D. Terms used

In this Division —

release action means making a parole order under

section 23(3)(b) in respect of a prisoner;

Sentence Administration Act 2003

Provisions applying to early release orders Part 5

Prisoners with links to terrorism or subject to Commissioner of Police reports

Division 1B

s. 66E

page 49 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

release decision means —

(a) a decision under section 20(2) that it is appropriate to

release a prisoner on parole; or

(b) a decision under section 23(3)(a) to make a parole order

in respect of a prisoner; or

(c) a decision under section 52(1)(a) to make an RRO in

respect of a prisoner.

[Section 66D inserted: Sentencing Legislation Amendment

(Persons Linked to Terrorism) Bill 2021 cl. 16.]

Subdivision 2 — Early release orders in cases of prisoners with links

to terrorism

[Heading inserted: Sentencing Legislation Amendment (Persons

Linked to Terrorism) Bill 2021 cl. 16.]

66E. References to Board

In this Subdivision, a reference to the Board is a reference to the

Board as constituted by the chairperson alone.

[Section 66E inserted: Sentencing Legislation Amendment

(Persons Linked to Terrorism) Bill 2021 cl. 16.]

66F. Additional release considerations

In this Subdivision, a reference to the additional release

considerations relating to a prisoner is a reference to the

following considerations —

(a) the degree of risk (having regard to any likelihood of the

prisoner committing a terrorism offence if subject to an

early release order and the likely nature and seriousness

of any such offence) that the release of the prisoner

would appear to present to the personal safety of people

in the community or of any individual in the community;

(b) if the prisoner has made statements or carried out

activities that support, or advocate support for, terrorist

acts — the nature and seriousness of the statements

made or activities carried out;

(c) if the prisoner is sentenced for a terrorism offence —

any remarks made by the court that sentenced the

prisoner that are relevant to the matters referred to in

paragraphs (a) and (b);

Sentence Administration Act 2003

Part 5 Provisions applying to early release orders

Division 1B Prisoners with links to terrorism or subject to Commissioner of Police reports

s. 66G

page 50 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(d) if the prisoner is, or was, subject to an interim control

order or confirmed control order relating to a terrorism

offence —

(i) any remarks made by the court that made the

order that are relevant to the matters referred to

in paragraphs (a) and (b); and

(ii) the behaviour of the prisoner while subject to the

order;

(e) the behaviour of the prisoner when in custody to the

extent that it may be relevant to the matters referred to in

paragraphs (a) and (b);

(f) whether the prisoner has participated in any programme

or activity that addresses the prisoner’s risk of

committing a terrorism offence and the prisoner’s

performance in the programme or activity;

(g) whether the prisoner is, or was, associated with 1 or

more persons who have made statements or carried out

activities that support, or advocate support for, terrorist

acts, and the nature of the association.

[Section 66F inserted: Sentencing Legislation Amendment

(Persons Linked to Terrorism) Bill 2021 cl. 16.]

66G. Making early release orders

(1) The Board must not make a release decision, or take release

action, in respect of a prisoner with links to terrorism unless the

Board is satisfied that there are exceptional reasons why the

prisoner should be released.

(2) The Board must, in making any decision or taking any action for

the purposes of subsection (1), have regard to all of the

following —

(a) the requirements of section 66B(1);

(b) the release considerations relating to the prisoner;

(c) the additional release considerations relating to the

prisoner;

(d) any report about the prisoner made by the CEO under

section 17;

(e) the Commissioner of Police report about the prisoner;

Sentence Administration Act 2003

Provisions applying to early release orders Part 5

Prisoners with links to terrorism or subject to Commissioner of Police reports

Division 1B

s. 66H

page 51 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(f) any other information about the prisoner brought to the

attention of the Board.

(3) Subsection (2) does not limit the matters that the Board may

have regard to in making a decision or taking action for the

purposes of subsection (1), including, for example, a report,

advice or professional services provided by a person appointed

under section 107A.

(4) Despite subsections (2) and (3), the Board must not have regard

to a Commissioner of Police report about the prisoner if the

report has been withdrawn under section 66I(2).

[Section 66G inserted: Sentencing Legislation Amendment

(Persons Linked to Terrorism) Bill 2021 cl. 16.]

66H. Commissioner of Police reports

(1) If the Board is required to consider whether to make a release

decision, or take release action, in respect of a category 1

prisoner, the Board must make a written request to the

Commissioner of Police for a written report about the prisoner.

(2) The report must deal with the additional release considerations

relating to the prisoner to the extent that the information is

within the knowledge of the Commissioner of Police and

may —

(a) include any other information that the Commissioner of

Police considers is, or may be, relevant to whether the

prisoner should be released; and

(b) declare that some or all of the information in the report

is, in the opinion of the Commissioner of Police,

terrorist intelligence information.

(3) The Commissioner of Police must give to the Board the report

within a reasonable period after receiving the request.

(4) The Commissioner of Police may give to the Board a written

report dealing with the matters referred to in subsection (2) in

relation to any other prisoner.

[Section 66H inserted: Sentencing Legislation Amendment

(Persons Linked to Terrorism) Bill 2021 cl. 16.]

Sentence Administration Act 2003

Part 5 Provisions applying to early release orders

Division 1B Prisoners with links to terrorism or subject to Commissioner of Police reports

s. 66I

page 52 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

66I. Withdrawing Commissioner of Police reports

(1) This section applies if the Board, as constituted by the

chairperson alone —

(a) is satisfied that a prisoner subject to a Commissioner of

Police report is not a prisoner with links to terrorism; or

(b) after consulting with the Commissioner of Police, is

satisfied that a Commissioner of Police report about a

prisoner does not include terrorist intelligence

information.

(2) Before the Board makes a release decision or takes release

action in respect of the prisoner, the Board, as constituted by the

chairperson alone, must give the Commissioner of Police an

opportunity to withdraw the report.

(3) If the report is withdrawn under subsection (2), the Board —

(a) must not have regard to the report for the purposes of

making the release decision or taking the release action

in respect of the prisoner; and

(b) must prohibit the publication of, or a reference to, the

report.

[Section 66I inserted: Sentencing Legislation Amendment

(Persons Linked to Terrorism) Bill 2021 cl. 16.]

Subdivision 3 — Early release orders for other prisoners subject to

Commissioner of Police reports

[Heading inserted: Sentencing Legislation Amendment (Persons

Linked to Terrorism) Bill 2021 cl. 16.]

66J. Term used: prisoner

In this Subdivision —

prisoner does not include a prisoner with links to terrorism.

[Section 66J inserted: Sentencing Legislation Amendment

(Persons Linked to Terrorism) Bill 2021 cl. 16.]

66K. Releasing prisoners subject to Commissioner of Police

report on parole

(1) This section applies if —

(a) the Board is required to consider whether to release a

prisoner on parole under section 20(1); and

Sentence Administration Act 2003

Provisions applying to early release orders Part 5

Prisoners with links to terrorism or subject to Commissioner of Police reports

Division 1B

s. 66L

page 53 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(b) the prisoner is subject to a Commissioner of Police

report that the Board, as constituted by the chairperson

alone, is satisfied includes terrorist intelligence

information.

(2) The Board, as constituted by the chairperson alone, must decide

whether to release the prisoner in accordance with section 20.

[Section 66K inserted: Sentencing Legislation Amendment

(Persons Linked to Terrorism) Bill 2021 cl. 16.]

66L. Making parole order in respect of prisoner subject to

Commissioner of Police report

(1) This section applies if —

(a) the Board is required to decide whether to make a parole

order in respect of a prisoner under section 23(3)(a); and

(b) the prisoner is subject to a Commissioner of Police

report that the Board, as constituted by the chairperson

alone, is satisfied includes terrorist intelligence

information.

(2) The Board, as constituted by the chairperson alone, must decide

whether to make the order in accordance with section 23.

[Section 66L inserted: Sentencing Legislation Amendment

(Persons Linked to Terrorism) Bill 2021 cl. 16.]

66M. Making RRO in respect of prisoners subject to

Commissioner of Police report

(1) This section applies if —

(a) the Board is required to consider whether to make, or

defer the making of, an RRO in respect of a prisoner

under section 52(1); and

(b) the prisoner is subject to a Commissioner of Police

report that the Board, as constituted by the chairperson

alone, is satisfied includes terrorist intelligence

information.

(2) The Board, as constituted by the chairperson alone, must decide

whether to make, or defer the making of, the RRO in accordance

with section 52.

[Section 66M inserted: Sentencing Legislation Amendment

(Persons Linked to Terrorism) Bill 2021 cl. 16.]

Sentence Administration Act 2003

Part 5 Provisions applying to early release orders

Division 2 Automatic cancellation

s. 67A

page 54 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

Division 2 — Automatic cancellation

67A. Cancellation automatic in case of prisoner with links to

terrorism

(1) In this section, a reference to the Board is a reference to the

Board as constituted by the chairperson alone.

(2) The Board must cancel an early release order in respect of any

of the following prisoners —

(a) a prisoner who, during the period the prisoner is subject

to the early release order —

(i) is charged with, or convicted of, a terrorism

offence; or

(ii) is charged with, or convicted of, an offence

against the Commonwealth Criminal Code

section 80.2C(1); or

(iii) becomes subject to an interim control order or

confirmed control order; or

(iv) becomes subject to a Commissioner of Police

report and who the Board is satisfied has made

statements or carried out activities that support,

or advocate support for, terrorist acts;

(b) a prisoner for whom, during the period the prisoner is

subject to the early release order, an interim control

order is being sought under the Commonwealth

Criminal Code section 104.3(1);

(c) a prisoner who the Board is satisfied —

(i) at the time that the early release order in respect

of the prisoner was made, was a category 1

prisoner or a category 2 prisoner; and

(ii) in respect of whom, this fact was not known by

the person who made the order at the time that

the order was made.

[Section 67A inserted: Sentencing Legislation Amendment

(Persons Linked to Terrorism) Bill 2021 cl. 17.]

Sentence Administration Act 2003

Provisions applying to early release orders Part 5

Consequences of suspension and cancellation Division 3

s. 67

page 55 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

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

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

(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.

(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

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

(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.

(2) If a parole order in respect of a prisoner serving life

imprisonment is suspended, the prisoner is then liable to resume

serving the sentence in custody.

(3) The suspension of an early release order ceases at the end of the

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

suspension the early release order was itself cancelled.

Sentence Administration Act 2003

Part 5 Provisions applying to early release orders

Division 3 Consequences of suspension and cancellation

s. 69

page 56 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(5) Nothing in this section prevents another early release order

being made under this Act in respect of a prisoner.

[Section 68 amended: No. 29 of 2008 s. 39(12).]

69. Cancellation, effect of

(1) If an early release order in respect of a prisoner serving a fixed

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, subject to subsection (1b), is not entitled to be

released until he or she has served the whole of that term.

(1a) Subsection (1b) applies to a prisoner who resumes serving a

fixed term in custody under subsection (1) if —

(a) the early release order was an RRO; and

(b) the fixed term is not a parole term and was imposed on

or before 30 August 2003.

(1b) Subject to Part 2 Division 2, a prisoner to whom this subsection

applies is entitled to be released when he or she has served

two-thirds of the fixed term.

(2) If a parole order in respect of a prisoner serving life

imprisonment is cancelled after the prisoner is released under

the order, the prisoner is then liable to resume serving the

sentence 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

indefinite imprisonment in custody.

(4) If a parole order in respect of a person referred to in

section 27B(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.

(5) Subject to Division 4, this section does not prevent another early

release order being made in respect of a prisoner.

(6) For the purposes of this section, to calculate the length in days

of two-thirds of a fixed term imposed on or before

30 August 2003 —

(a) determine the date on which the term as imposed by the

court began and will end, and then express the term as a

number of days (T);

(b) then divide T by 3 and disregard any remainder;

Sentence Administration Act 2003

Provisions applying to early release orders Part 5

Consequences of suspension and cancellation Division 3

s. 70

page 57 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(c) then subtract that result from T and add to the result the

number of days of remission that the prisoner has been

ordered to forfeit under the Prisons Act 1981 (if any).

[Section 69 amended: No. 41 of 2006 s. 49; No. 29 of 2008

s. 39(13).]

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

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,

whenever necessary during the period of the order —

(a) by a Supreme Court judge or a District Court judge; or

(b) by the Board if it suspended or cancelled the order; or

(c) by the CEO if the CEO suspended the order.

(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.

(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 —

(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.

[Section 70 amended: No. 41 of 2006 s. 50.]

[Section 70. Modifications to be applied in order to give effect

to Cross-border Justice Act 2008: section altered 1 Nov 2009.

See endnote 1M.]

Sentence Administration Act 2003

Part 5 Provisions applying to early release orders

Division 3 Consequences of suspension and cancellation

s. 71

page 58 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

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 —

(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

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

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;

(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

release order is cancelled is —

(a) if it is cancelled by a decision of the Board — the day of

the decision; or

(b) if it is cancelled by virtue of section 67 or 67A —

(i) the day when the offence that resulted in the

charge or conviction was committed; or

(ii) the day when the prisoner became subject to the

interim control order or confirmed control order;

or

(iii) the day when the interim control order or

confirmed control order was sought in respect of

the prisoner; or

(iv) the day when the Board’s decision that resulted

in the cancellation was made.

Sentence Administration Act 2003

Provisions applying to early release orders Part 5

Re-release after cancellation Division 4

s. 72

page 59 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(b) if it is cancelled by virtue of section 67 —

(i) the day when the offence that resulted in the

cancellation was committed; or

(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.

(3A) If the day when an offence was committed cannot be ascertained

— the day is taken, for the purposes of subsection (3)(b)(i), to

be the latest day on which that offence could have been

committed, as determined by the CEO.

(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.

[Section 71 amended: No. 41 of 2006 s. 51; Sentencing

Legislation Amendment (Persons Linked to Terrorism) Bill

2021 cl. 18.]

Division 4 — Re-release after cancellation

72. Re-release after cancellation of order made by Board

(1) If an early release order made by the Board —

(a) is cancelled under section 43, 44 or 63; or

(b) is cancelled by virtue of section 67 or under

section 67A(2),section 67,

then the Board may, subject to 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, the parole

period in it is the period that begins on the day when the

prisoner is released and ends when the term ends.

[Section 72 amended: No. 41 of 2006 s. 52; Sentencing

Legislation Amendment (Persons Linked to Terrorism) Bill

2021 cl. 19.]

Sentence Administration Act 2003

Part 5 Provisions applying to early release orders

Division 4 Re-release after cancellation

s. 73

page 60 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

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 or under

section 67A(2), section 67, the Governor may 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

parole order.

[Section 73 amended: No. 41 of 2006 s. 53; Sentencing

Legislation Amendment (Persons Linked to Terrorism) Bill

2021 cl. 20.]

74. Parole period under new parole order deemed to be time

served

If —

(a) for the purposes of section 72 or 73 a parole order is

made in respect of a prisoner; and

(b) the Board does not cancel the parole order under Part 3

Division 10; and

(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

aggregate of terms, to which the parole order relates.

[Section 74 amended: No. 41 of 2006 s. 54.]

Sentence Administration Act 2003

Post-sentence supervision of certain offenders Part 5A

s. 74A

page 61 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

Part 5A — Post-sentence supervision of

certain offenders

[Heading inserted: No. 45 of 2016 s. 25.]

74A. Terms used

In this Part —

breach, in relation to a PSSO, means to contravene any

obligation or requirement of the order;

cancelled PSSO has the meaning given in section 74K(1);

prisoner means a person —

(a) who is serving a fixed term for a serious offence; or

(b) who —

(i) is serving a fixed term for an offence or offences

other than a serious offence; and

(ii) has been serving that term at all times since

completing a fixed term for a serious offence;

PSSO considerations has the meaning given in section 74B;

PSSO period has the meaning given in section 74E(2);

serious offence has the meaning given in the High Risk Serious

Offenders Act 2020 section 5;

serious offender under restriction has the meaning given in the

High Risk Serious Offenders Act 2020 section 3.

[Section 74A inserted: No. 45 of 2016 s. 25; amended: No. 29

of 2020 s. 106.]

74B. PSSO considerations

(1) In this Part a reference to the PSSO considerations is a reference

to these considerations —

(a) issues for any victim of a serious offence for which the

prisoner is in custody, including any matter raised in a

victim’s submission;

(b) the behaviour of the prisoner when in custody insofar as

it may be relevant to determining how the prisoner is

likely to behave if released;

(c) whether the prisoner has participated in programmes

available to the prisoner when in custody, and if not the

reasons for not doing so;

(d) the prisoner’s performance when participating in a

programme mentioned in paragraph (c);

Sentence Administration Act 2003

Part 5A Post-sentence supervision of certain offenders

s. 74C

page 62 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(e) the behaviour of the prisoner when subject to any PSSO

made previously;

(f) the likelihood of the prisoner committing a serious

offence when subject to a PSSO;

(g) the likelihood of the prisoner complying with the

standard obligations and any additional requirements of

any PSSO;

(h) subject to subsection (2), any other matter that is or may

be relevant to whether the prisoner should be subject to a

PSSO after the prisoner’s release.

(2) In this Part a reference to the PSSO considerations does not

include a reference to considerations relating to the

community’s interest in punishment or deterrence of offences.

[Section 74B inserted: No. 45 of 2016 s. 25; amended: No. 29

of 2020 s. 107.]

74C. Reports by CEO to Board about prisoners

(1) The CEO must give the Board a written report about every

prisoner that addresses the PSSO considerations relating to the

prisoner.

(2) The report must be given to the Board no later than 3 months

before the end of the prisoner’s term.

(3) This section applies whether or not the prisoner is subject to an

early release order.

[Section 74C inserted: No. 45 of 2016 s. 25.]

74D. Board may make PSSO

(1) Before the end of a prisoner’s term, the Board must consider

whether a post-sentence supervision order should be made in

respect of the prisoner.

(2) Subsection (1) applies whether or not the prisoner is subject to

an early release order.

(3) Subject to subsection (5), the Board must make a PSSO in

respect of the prisoner if it considers that the order is necessary

for the prevention of harm to the community from further

offending by the prisoner.

(4) In considering under subsection (3) whether a PSSO is

necessary, the Board must have regard to —

(a) the PSSO considerations relating to the prisoner; and

Sentence Administration Act 2003

Post-sentence supervision of certain offenders Part 5A

s. 74E

page 63 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(b) the report made by the CEO under section 74C; and

(c) any other information about the prisoner brought to its

attention.

(5) The Board must not make a PSSO in respect of a serious

offender under restriction.

[Section 74D inserted: No. 45 of 2016 s. 25; amended: No. 29

of 2020 s. 108.]

74E. Nature of PSSO

(1) A PSSO is an order that the person specified in the order (the

supervised offender) must during the PSSO period comply

with —

(a) the standard obligations in section 74F; and

(b) any of the additional requirements in section 74G that

are specified in the PSSO.

(2) Subject to section 74K(2), the PSSO period is a period of not

less than 6 months and not more than 2 years, as the Board

specifies in the order, beginning on —

(a) if the supervised offender is not released on parole —

the day on which the offender is released after serving

the offender’s term; or

(b) if the supervised offender is released on parole — the

day after the day on which the offender’s term ends.

[Section 74E inserted: No. 45 of 2016 s. 25; amended: No. 29

of 2020 s. 109.]

74F. Standard obligations of PSSO

The standard obligations of a PSSO are that the supervised

offender —

(a) must report to a community corrections centre within

72 hours after being released, or as otherwise directed by

a CCO; and

(b) must notify a CCO of any change of address or place of

employment within 2 clear working days after the

change; and

(c) must comply with section 76.

[Section 74F inserted: No. 45 of 2016 s. 25.]

Sentence Administration Act 2003

Part 5A Post-sentence supervision of certain offenders

s. 74G

page 64 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

74G. Additional requirements of PSSO

(1) A PSSO may contain any of these additional requirements as the

Board thinks fit —

(a) a requirement relating to where the supervised offender

must reside;

(b) requirements relating to the protection of any victim of

an offence committed by the supervised offender from

coming into contact with the offender;

(c) a requirement that the supervised offender must wear an

approved electronic monitoring device;

(d) a requirement that the supervised offender permit the

installation of an approved electronic monitoring device

at the place where the offender resides;

(e) a requirement that, if the CEO so directs, the supervised

offender —

(i) wear an approved electronic monitoring device;

or

(ii) permit the installation of an approved electronic

monitoring device at the place where the

offender resides;

(f) a requirement that the supervised offender must not

leave Western Australia except with and in accordance

with the written permission of the CEO;

(g) requirements to facilitate the supervised offender’s

rehabilitation;

[(h), (i) deleted)

(j) prescribed requirements.

(2) If the supervised offender has been serving imprisonment for a

family violence offence and the prisoner is a serial family

violence offender, the Board must give specific consideration as

to whether it should impose a requirement under

subsection (1)(c), (d) or (e).

[Section 74G inserted: No. 45 of 2016 s. 25; amended: No. 13

of 2020 s. 18; No. 29 of 2020 s. 110; No. 30 of 2020 s. 36.]

74H. CEO to ensure person subject to PSSO is supervised

The CEO must ensure that a CCO is assigned to supervise a

supervised offender for the duration of the PSSO period.

[Section 74H inserted: No. 45 of 2016 s. 25.]

Sentence Administration Act 2003

Post-sentence supervision of certain offenders Part 5A

s. 74I

page 65 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

74I. Amendment of PSSO

(1) The Board may amend a PSSO at any time before the end of the

PSSO period.

(2) If a PSSO is amended, the amended PSSO applies accordingly.

[Section 74I inserted: No. 45 of 2016 s. 25.]

74J. Cancellation of PSSO

(1) The Board may cancel a PSSO at any time before the

commencement of the PSSO period.

(2) If a supervised offender, during the PSSO period, commits an

offence (in this State or elsewhere) and is sentenced to

imprisonment for that offence, the PSSO applicable to the

supervised offender is cancelled by operation of this subsection.

(3) If a supervised offender, during the PSSO period, becomes a

serious offender under restriction, the PSSO applicable to the

supervised offender is cancelled by operation of this subsection.

[Section 74J inserted: No. 45 of 2016 s. 25; amended: No. 29

of 2020 s. 111.]

74K. Subsequent PSSO after cancellation for committing offence

(1) In this section —

cancelled PSSO means a PSSO that is cancelled by operation of

section 74J(2);

further offence means an offence committed by a supervised

offender during a PSSO period leading to the cancellation of the

PSSO by operation of section 74J(2);

further term means a term of imprisonment imposed upon a

supervised offender in respect of a further offence.

(2) If a PSSO is cancelled by operation of section 74J(2), the Board

may subsequently make another PSSO in respect of the

supervised offender.

(3) The PSSO period specified in the subsequent PSSO —

(a) must begin on —

(i) if the supervised offender is not released on

parole — the day on which the supervised

offender is released after serving the further

term; or

Sentence Administration Act 2003

Part 5A Post-sentence supervision of certain offenders

s. 74L

page 66 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(ii) if the supervised offender is released on parole

— the day after the day on which the further term

ends;

and

(b) must not be longer than the remaining PSSO period of

the cancelled PSSO.

(4) Subsection (3)(b) does not apply if the further offence is a

serious offence.

[Section 74K inserted: No. 29 of 2020 s. 112.]

74L. Offence for breach of PSSO

A supervised offender must not breach a PSSO without

reasonable excuse (proof of which is on the offender).

Penalty: imprisonment for 3 years.

[Section 74L inserted: No. 29 of 2020 s. 113.]

Sentence Administration Act 2003

Provisions applying to offenders on community corrections orders

Part 6

s. 75

page 67 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

Part 6 — Provisions applying to offenders on

community corrections orders

75. Terms used

In this Part —

centre means a community corrections centre;

community corrections order means a community order, a

sentence of CSI, a parole order, an RRO, a PSSO or a WDO.

[Section 75 amended: No. 27 of 2004 s. 12; No. 45 of 2016

s. 26.]

76. Offender’s obligations

(1) In this section and section 77 —

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

required —

(a) to do community work —

(i) must do such community work as the manager of

a centre determines and directs; and

(ii) must do that work to the satisfaction of the

person supervising the work;

(b) to do community corrections activities —

(i) must do such community corrections activities as

the manager of a centre determines and directs;

and

(ii) must do those activities to the satisfaction of the

person supervising them.

(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

offender —

(a) must not be in possession of, use, or be under the

influence of alcohol, a drug (other than a drug prescribed

Sentence Administration Act 2003

Part 6 Provisions applying to offenders on community corrections orders

s. 77

page 68 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

for him or her), glue, petrol or any other substance

capable of adversely affecting a person; and

(b) must, if so directed by the manager of a centre, submit to

testing for any substance referred to in paragraph (a);

and

(c) must not disturb or interfere with another offender doing

anything under a community corrections order; and

(d) must not commit any act or omission of insubordination

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; and

(e) must not assault, threaten, insult or use abusive language

to a member of the departmental staff; and

(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

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

vocational training establishment.

[Section 76 amended: No. 65 of 2006 s. 43(1).]

77. Consequences of contravening s. 76 obligations

If an offender contravenes any requirement of section 76, the

manager of a centre may reprimand the offender or —

(a) if the offender is subject to a pre-sentence order, report

the matter to the CEO and recommend that the CEO

issue a warrant under section 33P of the Sentencing

Act 1995; or

(b) if the offender is subject to a community order, report

the matter to the CEO and recommend that the offender

be charged with an offence under section 131 of the

Sentencing Act 1995; or

Sentence Administration Act 2003

Provisions applying to offenders on community corrections orders

Part 6

s. 78

page 69 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(ba) if the offender is subject to CSI, report the matter to the

CEO and recommend that the offender be charged with

an offence under section 84J(1) of the Sentencing

Act 1995; or

(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,

and recommend that the order be suspended or cancelled

under Part 3 or 4 (as the case may be); or

(ca) if the offender is subject to a PSSO, report the matter to

the CEO and recommend that the offender be charged

with an offence under section 74L; 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

Infringement Notices Enforcement Act 1994.

[Section 77 amended: No. 27 of 2004 s. 11 and 12; No. 65 of

2006 s. 43(1); No. 45 of 2016 s. 27.]

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

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, an RRO or a PSSO —

means any requirement in the order to do the prescribed

number of hours of community corrections activities in

each period of 7 days;

(c) in relation to a WDO — means the requirement in the

Fines, Penalties and Infringement Notices Enforcement

Act 1994 section 50(1)(b) to do the number of hours of

community corrections activities specified in the WDO

(including the WDO as amended under section 50(2A)

of that Act);

offender means an offender who is subject to a community

corrections order.

Sentence Administration Act 2003

Part 6 Provisions applying to offenders on community corrections orders

s. 79

page 70 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(2) If the CEO is satisfied that an offender is ill or that there are

other exceptional circumstances, the CEO —

(a) if the offender is subject to a community order or a

sentence of CSI — 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;

(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,

but it must be at least 6 hours;

(c) if the offender is subject to an early release order or a

PSSO — permit the offender not to comply with the

minimum hours requirement for such period or periods

as the CEO thinks fit;

(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.

(3) A decision made under subsection (2) does not affect the term of

a community order, the suspension period of a sentence of CSI

or the period of an early release order or a PSSO.

(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).

(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).

[Section 78 amended: No. 27 of 2004 s. 12; No. 45 of 2016

s. 28; No 25 of 2020 s. 127.]

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.

Sentence Administration Act 2003

Provisions applying to offenders on community corrections orders

Part 6

s. 80

page 71 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(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

with such a direction count as hours of community work done

under the community service requirement.

80. Programme requirement, CEO may give offender additional

directions

(1) This section applies in the case of an offender who is subject to

a programme requirement in a pre-sentence order or a

community order or a sentence of CSI.

(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

other directions as could be given under a programme

requirement and as the CCO thinks fit, in addition to any

specified by the court.

[Section 80 amended: No. 27 of 2004 s. 12.]

81. Compensation for injury to offenders

(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

Injury Management Act 1981 as a worker employed by the

Crown.

(2) For the purposes of the Workers’ Compensation and Injury

Management Act 1981 an offender’s weekly earnings shall be

taken to be the amount that the Minister considers reasonable in

the circumstances.

[Section 81 amended: No. 42 of 2004 s. 174.]

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;

Sentence Administration Act 2003

Part 6 Provisions applying to offenders on community corrections orders

s. 82

page 72 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(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;

(d) prescribe forms.

Sentence Administration Act 2003

Community corrections centres Part 7

Preliminary Division 1

s. 83

page 73 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

Part 7 — Community corrections centres

Division 1 — Preliminary

83. Terms used

In this Part —

centre means a community corrections centre;

community corrections order means a pre-sentence order, a

community order, a sentence of CSI, a parole order, an RRO, a

PSSO or a WDO;

offender means an offender who is subject to a community

corrections order.

[Section 83 amended: No. 27 of 2004 s. 12; No. 45 of 2016

s. 29.]

84. Community corrections centres, declaration of

(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).

(3) In this section —

notice means notice published in the Gazette.

[Section 84. Modifications to be applied in order to give effect

to Cross-border Justice Act 2008: section altered 1 Nov 2009.

See endnote 1M.]

85. Community corrections activities, approval of

(1) The CEO may approve activities as community corrections

activities.

(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

gambling;

(c) counselling;

(d) social and life skills courses;

(e) educational, vocational and personal development

courses.

Sentence Administration Act 2003

Part 7 Community corrections centres

Division 2 Management

s. 86

page 74 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

Division 2 — Management

86. Instructions about management etc., issue of etc.

(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

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

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

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

offender does understand.

87. Managers of centres, functions of etc.

(1) The CCO in control of a centre is, while in control, the manager

of the centre.

(2) The manager is responsible to the CEO for the management,

security and good order of the centre.

(3) For the purposes of this Part, a manager may give reasonable

orders or directions to any person in a centre, including any

member of the departmental staff.

(4) A manager may not direct that a search of a person or a place be

made except as provided by section 90.

(5) A manager must advise an offender of his or her obligations

under the community corrections order, and this obligation is to

Sentence Administration Act 2003

Community corrections centres Part 7

Management Division 2

s. 88

page 75 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

be taken as having been performed if a written statement of

those obligations is attached to the order given to the offender.

(6) A manager must report as soon as possible to the CEO on any

use of force by the manager or any other person to compel —

(a) an offender to obey an order or direction; or

(b) a person to obey an order to leave the centre.

[Section 87 amended: No. 65 of 2006 s. 43(1).]

88. Functions of CCOs at centres

(1) A CCO —

(a) subject to subsection (5), must comply with the

reasonable directions of the manager of the centre at

which the CCO is working; and

(b) must maintain the good order of the centre at which the

CCO is working; and

(c) must report immediately to the manager anything which

might reasonably be thought to jeopardise the

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.

(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

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 manager to leave a centre.

(5) For the purpose of subsection (1)(a), a direction given by a

manager 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; or

(b) to use reasonable force to compel a person to obey an

order to leave a centre; or

Sentence Administration Act 2003

Part 7 Community corrections centres

Division 2 Management

s. 89

page 76 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(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.

[Section 88 amended: No. 65 of 2006 s. 43(1).]

89. Access to centres

(1) The manager of a centre may impose such conditions as he or

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 manager of it.

(3) An offender may be refused entry to a centre by the manager of

it if the offender —

(a) contravenes a condition imposed under subsection (1);

or

(b) does anything which, in the manager’s opinion,

threatens the management, security or good order of the

centre.

(4) A person (including an offender) who is in a centre may be

ordered by the manager to leave the centre immediately if the

person, while in the centre —

(a) contravenes this Act, the regulations or any written

instructions issued under section 86; or

(b) contravenes a direction given by the manager; or

(c) contravenes a condition imposed under subsection (1);

or

(d) does anything which, in the manager’s opinion,

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.

[Section 89 amended: No. 65 of 2006 s. 43.]

Sentence Administration Act 2003

Community corrections centres Part 7

Management Division 2

s. 90

page 77 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

90. Searches

(1) If the manager 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 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 manager may

order the person to leave the centre immediately.

(3) A manager may at any time order a search to be stopped.

(4) A person who disobeys a manager’s order under subsection (2)

commits an offence.

Penalty: $1 000.

[Section 90 amended: No. 65 of 2006 s. 43.]

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 manager of the centre believes on

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

manager of the centre immediately.

(4) Anything seized must be dealt with by the manager under the

regulations.

[Section 91 amended: No. 65 of 2006 s. 43(1).]

Sentence Administration Act 2003

Part 7 Community corrections centres

Division 3 Miscellaneous

s. 92

page 78 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

Division 3 — Miscellaneous

92. Department to report on centres

The annual report of the accountable authority of the Public

Sector agency of which the CEO is the chief executive officer

prepared for the purposes of the Financial Management

Act 2006 is to include a report on the operations of centres and

community corrections activities and other operations of the

agency under this Part.

[Section 92 amended: No. 65 of 2006 s. 38; No. 77 of 2006 s. 6

and Sch. 1 cl. 155.]

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

anything under a community corrections order;

(c) regulate the procedure for searches and seizures carried

out under this Part;

(d) prescribe forms.

Sentence Administration Act 2003

Staff Part 8

Chief executive officer Division 1

s. 94

page 79 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

Part 8 — Staff

Division 1 — Chief executive officer

94. Functions

(1) Subject to the control of the Minister, the CEO’s functions

include —

(a) the proper administration of pre-sentence orders,

community orders, sentences of CSI, parole orders,

RROs, PSSOs and WDOs; and

(b) the control and management of community corrections

centres.

(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 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.

(5) The CEO may —

(a) consult and collaborate with; and

(b) make use of the assistance of,

any individual or organisation in any way that the CEO

considers expedient for the purpose of the performance of a

function under this Act, the Sentencing Act 1995, the Fines,

Penalties and Infringement Notices Enforcement Act 1994, or

the Bail Act 1982.

[Section 94 amended: No. 27 of 2004 s. 12; No. 65 of 2006

s. 39; No. 45 of 2016 s. 30.]

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;

(c) under Part 4 of the Fines, Penalties and Infringement

Notices Enforcement Act 1994.

Sentence Administration Act 2003

Part 8 Staff

Division 1 Chief executive officer

s. 96

page 80 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(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.

(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) 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 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

a person on whom a function has been so conferred.

97. CEO to make information available to Board

(1) This section operates despite any other written law that requires

the CEO not to disclose information.

(2) Subject to any directions given by the Board to the CEO, the

CEO must, in any report about a prisoner that the CEO has to

give the Board under this Act, include all information in relation

to the prisoner that is in the possession of the CEO and that is or

may be relevant to any decision the Board may make under this

Act in respect of the prisoner.

(3) Without limiting subsection (2) but subject to any directions

given by the Board to the CEO, if a breach of an early release

order comes to the knowledge of the CEO, the CEO must

forthwith report the matter to the Board and must provide such

other information about the breach as the Board requires.

(4) The CEO must allow the Board’s members and staff access to

information about prisoners in custody on information systems

controlled and managed by the CEO but only to the extent

necessary for the performance of the Board’s functions.

[Section 97 inserted: No. 41 of 2006 s. 55.]

Sentence Administration Act 2003

Staff Part 8

Chief executive officer Division 1

s. 97A

page 81 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

97A. Disclosing information about offender for community safety

The CEO may disclose information about an offender to the

public if the CEO is of the opinion that it is necessary to do so

for the safety of the community.

[Section 97A inserted: No. 65 of 2006 s. 40.]

97B. Disclosing and requesting information

(1) In this section —

contractor has the meaning given to that term in section 3 of the

Court Security and Custodial Services Act 1999;

public authority means —

(a) a department of the Public Service; or

(b) a State agency or instrumentality; or

(c) a court or tribunal to the extent that it is an agency for

the purposes of the Freedom of Information Act 1992; or

(d) a body, whether corporate or unincorporate, or the

holder of an office, post or position, established or

continued for a public purpose under a written law;

relevant information means information that, in the opinion of

the CEO, is, or is likely to be, relevant to —

(a) the management of an offender; or

(b) the performance of a function under this Act, the

Sentencing Act 1995, the Fines, Penalties and

Infringement Notices Enforcement Act 1994, or the Bail

Act 1982;

research means research to promote the development of

criminology or corrective services;

service provider means —

(a) an individual or organisation mentioned in section 94(5);

or

(b) an individual or organisation involved in providing

support services to an offender or the family of an

offender.

(2) The CEO may disclose relevant information to a public

authority, service provider or contractor.

(3) The CEO may request a public authority, service provider or

contractor that holds relevant information to disclose the

information to the CEO.

Sentence Administration Act 2003

Part 8 Staff

Division 1 Chief executive officer

s. 97C

page 82 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(4) A request under subsection (3) —

(a) may relate to particular information or information of a

particular kind; and

(b) may relate to information that may be held from time to

time.

(5) A public authority, service provider or contractor may disclose

information in compliance with a request under subsection (3).

(6) The CEO may disclose information regarding offenders to a

public authority or other body for use in research.

(7) A public authority, service provider, contractor or other body

may disclose information regarding offenders to the CEO for

use in research.

(8) The CEO must establish procedures for the disclosure of

information under subsection (2) or (6).

(9) The regulations may include provisions about —

(a) the receipt and storage of information disclosed under

this section; and

(b) the restriction of access to such information.

[Section 97B inserted: No. 65 of 2006 s. 40.]

97C. Disclosing information to agencies outside WA

(1) The Minister may, from time to time, approve circumstances in

which, or purposes for which, information relating to an

offender may be disclosed by the CEO to a person or class of

persons in another Commonwealth, State, Territory or overseas

government department or agency.

(2) The CEO may disclose information as approved under

subsection (1).

[Section 97C inserted: No. 65 of 2006 s. 40.]

97D. Disclosing information to victims

[(1) deleted]

(2) The CEO may disclose information of a prescribed kind

regarding an offender to a victim of the offender or a person

acting on a victim’s behalf.

[Section 97D inserted: No. 65 of 2006 s. 40; amended: No. 49

of 2016 s. 112.]

Sentence Administration Act 2003

Staff Part 8

Other staff Division 2

s. 97E

page 83 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

97E. Disclosure under s. 97A, 97B, 97C and 97D not subject to

other laws etc.

(1) Information may be disclosed under section 97A, 97B, 97C or

97D despite any written law relating to confidentiality or

secrecy.

(2) If information is disclosed, in good faith, under section 97A,

97B, 97C or 97D —

(a) no civil or criminal liability is incurred in respect of the

disclosure; and

(b) the disclosure is not to be regarded as a breach of any

duty of confidentiality or secrecy imposed by law; and

(c) the disclosure is not to be regarded as a breach of

professional ethics or standards or as unprofessional

conduct.

[Section 97E inserted: No. 65 of 2006 s. 40.]

Division 2 — Other staff

98. Appointment

(1) The staff, including community corrections officers, needed for

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.

(2) A person who is a member of the Police Force is not to be an

honorary CCO.

(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

Protection Program established under that Act.

(4) The regulations may prescribe classes of staff and their

functions.

[98AA. 1M Modifications to be applied in order to give effect to

Cross-border Justice Act 2008: section inserted 1 Nov 2009.

See endnote 1M.]

Sentence Administration Act 2003

Part 8 Staff

Division 3 Miscellaneous

s. 98A

page 84 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

98A. Duties of CCOs

A CCO must comply with this Act and any other written law

conferring functions on CCOs and with the orders and

directions of the CEO.

[Section 98A inserted: No. 65 of 2006 s. 41.]

99. Volunteers

(1) The CEO may authorise a person to work as an unpaid

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

100. Compensation for injury to volunteers etc.

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’

Compensation and Injury Management 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.

[Section 100 amended: No. 42 of 2004 s. 174.]

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.

(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

addition to those conferred or imposed on a member of the

Police Force by any other written law.

Sentence Administration Act 2003

Prisoners Review Board Part 9

s. 102

page 85 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

Part 9 — Prisoners Review Board

[Heading inserted: No. 41 of 2006 s. 56.]

102. Board established

(1) A board called the Prisoners Review Board is established.

(2) The Board is to be taken to be a continuation of the Parole

Board established previously.

[Section 102 inserted: No. 41 of 2006 s. 57.]

103. Membership

(1) The members of the Board are —

(a) a chairperson, to be nominated by the Minister and

appointed by the Governor; and

(b) at least 2 deputy chairpersons, to be nominated by the

Minister and appointed by the Governor; and

(c) as many community members as are necessary to deal

with the workload of the Board, to be nominated by the

Minister and appointed by the Governor; and

(d) as many officers of the Public Sector agency of which

the CEO is the chief executive officer as are necessary to

deal with the workload of the Board, to be appointed by

the CEO; and

(e) as many police officers as are necessary to deal with the

workload of the Board, to be appointed by the

Commissioner of Police.

(2) The Minister must not nominate a person as the chairperson

unless —

(a) the person has served as, or is qualified for appointment

as, a judge of the District Court of Western Australia,

the Supreme Court of Western Australia or another State

or Territory, the High Court of Australia or the Federal

Court of Australia; and

(b) if the person holds judicial office, the person has

consented in writing to be nominated.

(2A) A person holding a judicial office must retire upon being

nominated as the chairperson.

Sentence Administration Act 2003

Part 9 Prisoners Review Board

s. 103

page 86 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(3) The Minister must not nominate a person as a deputy

chairperson unless the person has, in the Minister’s opinion,

extensive or special knowledge of matters involved in the

performance of the Board’s functions.

(4) The Minister must not nominate a person as a community

member unless the Minister is satisfied —

(a) that the person is able to make an objective and

reasonable assessment of the degree of risk that the

release of a prisoner would appear to present to the

personal safety of people in the community or of any

individual in the community; and

(b) that the person has one or more of the following

attributes —

(i) the person has a knowledge and understanding of

the impact of offences on victims;

(ii) the person has a knowledge and understanding of

Aboriginal culture local to this State;

(iii) the person has a knowledge and understanding of

a range of cultures among Australians;

(iv) the person has a knowledge and understanding of

the criminal justice system;

(v) the person has a broad experience in a range of

community issues such as issues relating to

employment, substance abuse, physical or mental

illness or disability, or lack of housing, education

or training.

(5) In nominating persons as community members the Minister is to

ensure that at all times at least one community member has the

attribute mentioned in subsection (4)(b)(i) and at least one

community member is an Aboriginal person who has the

attribute mentioned in subsection (4)(b)(ii).

(6) On appointing a member of the Board under subsection (1)(d)

or (e), the CEO or the Commissioner of Police, as the case may

be, must give written notice of the appointment to —

(a) the person appointed; and

(b) the registrar of the Board.

[Section 103 inserted: No. 41 of 2006 s. 57; amended: No. 29

of 2020 s. 114.]

Sentence Administration Act 2003

Prisoners Review Board Part 9

s. 104

page 87 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

104. Training of members

(1) The chairperson and deputy chairpersons are responsible for

directing the education, training, and professional development

of members of the Board.

(2) The Minister is to ensure that appropriate provision is made for

the education, training, and professional development of

members of the Board.

[Section 104 inserted: No. 41 of 2006 s. 57.]

104A. Registrar and other staff

(1) A person is to be appointed as the registrar of the Board.

(2) The registrar and any other staff of the Board are to be

appointed under Part 3 of the Public Sector Management

Act 1994.

[Section 104A inserted: No. 41 of 2006 s. 57.]

105. Tenure, meetings etc. (Sch. 1)

Schedule 1 has effect in relation to the Board.

106. Functions

(1) The functions of the Board are set out in this Act.

(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.

(3) A member of the Board, other than the chairperson, must

comply with any relevant public sector standard or code of

ethics established under section 21 of the Public Sector

Management Act 1994 when performing functions as a member

of the Board.

[Section 106 amended: No. 41 of 2006 s. 58.]

107. Board to have powers of Royal Commission

(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,

has effect in relation to the Board, its chairperson and members.

Sentence Administration Act 2003

Part 9 Prisoners Review Board

s. 107A

page 88 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

107A. Board may use experts etc.

The Board may appoint a person with relevant knowledge or

experience to assist the Board in relation to a matter within the

Board’s functions by providing a report, advice or professional

services.

[Section 107A inserted: No. 41 of 2006 s. 59.]

107B. Notification of Board’s decisions

(1) The Board must give a prisoner or supervised offender written

notice of any decision made under this Act in respect of the

person as soon as practicable after the decision is made.

(2) The Board must give the CEO written notice of any decision

made under this Act in respect of a prisoner or supervised

offender as soon as practicable after the decision is made.

(3) Without limiting subsections (1) and (2), they apply —

(a) to a decision, whether by the Board or the Governor, not

to make an early release order in respect of a prisoner;

and

(b) to a decision to make a parole order in which the release

date is not the day when, under section 23(2) or

section 93(1) of the Sentencing Act 1995, the prisoner is

eligible to be released on parole; and

(c) to a decision, whether by the Governor or the Board, to

amend, suspend or cancel an early release order; and

(ca) to a decision by the Board to make, amend or cancel a

PSSO; and

(d) to a decision by the Board not to make a request under

section 13(4) after receiving a report under section 13(3)

or not to endorse, with or without variations, a

re-socialisation programme received under

section 13(4),

and, in the case of subsection (1) —

(e) to a decision by the CEO to suspend an early release

order.

(4) Subject to section 114, a notice under subsection (1) or (2) must

include the reasons for the decision.

Sentence Administration Act 2003

Prisoners Review Board Part 9

s. 107C

page 89 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(5) If the decision is a reviewable decision, as that term is defined in

section 115A, a notice under subsection (1) must inform the

prisoner of the effect of section 115A.

[Section 107B inserted: No. 41 of 2006 s. 59; amended: No. 45

of 2016 s. 31.]

107C. Publication of Board’s decisions

(1) This section operates despite section 119.

(2) The chairperson of the Board may make public a decision of the

Board or the reasons for it if the chairperson considers it is in

the public interest to do so having regard to all the

circumstances including the interests of the prisoner or the

supervised offender concerned and the interests of any victim.

[Section 107C inserted: No. 41 of 2006 s. 59; amended: No. 45

of 2016 s. 32.]

108. Orders by Board

(1) In this section —

authorised person means —

(a) the registrar or a member of the Board; or

(b) a departmental officer performing the functions of a

prescribed office or an office of a prescribed class.

(2) Except as provided in subsection (2A), an An order giving

effect to a decision made by the Board is to be signed by 2

members of the Board.

(2A) An order giving effect to a decision made, or an action taken, by

the Board under Part 5 Division 1B or section 67A must be

signed by the chairperson alone.

(3) A notice of a decision made by the Board may be signed by an

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

offence.

Sentence Administration Act 2003

Part 9 Prisoners Review Board

s. 109

page 90 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(5) The Board may issue guidelines to be observed by authorised

persons when making parole orders under subsection (4).

[Section 108 amended: No. 41 of 2006 s. 60; Sentencing

Legislation Amendment (Persons Linked to Terrorism) Bill

2021 cl. 21.]

109. Board may require person to appear before it

(1) At any time while a person is subject to a parole order (other

than a parole order (unsupervised)), an RRO or a PSSO, the

Board, by order, may require him or her to appear before the

Board.

(2) For the purposes of subsection (1), the Board may issue a warrant

to have the person 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.

[Section 109 amended: No. 41 of 2006 s. 61; No. 45 of 2016

s. 33.]

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

signed by —

(a) 2 members of the Board; or

(b) the chairperson of the Board if he or she is a judge of the

Supreme Court or the District Court.

[Section 110 amended: No. 41 of 2006 s. 62.]

111. Judicial notice of appointment and signature

(1) Judicial notice must be taken of —

(a) the fact that a person is or was a member or the registrar

of the Board; and

(b) the official signature of such a person.

(2) Evidence of a parole order, an RRO, a PSSO or a decision made

by the Board may be given by producing a copy of the order or

decision certified by the registrar of the Board as a true copy.

[Section 111 amended: No. 41 of 2006 s. 63; No. 45 of 2016

s. 34.]

Sentence Administration Act 2003

Prisoners Review Board Part 9

s. 112

page 91 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

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

previous financial year;

(b) the number of prisoners who became eligible to be

released under a parole order during the previous

financial year;

(c) the number of prisoners who applied to be released

under an RRO during the previous financial year;

(d) the number of prisoners who were refused an early

release order by the Board or the Governor during the

previous financial year;

(e) the number of prisoners released under an early release

order by the Board or the Governor during the previous

financial year;

(ea) the number of prisoners whose cooperation was

considered by the Board for the purposes of

section 66B(1)(a) during the previous financial year;

(eb) the number of prisoners referred to in paragraph (ea)

who were released under an early release order by the

Board or the Governor during the previous financial

year;

(f) the number of prisoners who completed an early release

order during the previous financial year;

(g) the number of early release orders suspended or

cancelled during the previous financial year and the

reasons for suspension or cancellation;

(ga) the number of prisoners who were the subject of a report

under section 74C during the previous financial year;

(gb) the number of persons released subject to PSSOs during

the previous financial year;

(h) the number of prisoners for whom participation in a

re-socialisation programme was approved by the Board

or the Governor during the previous financial year;

(i) the number of prisoners who completed re-socialisation

programmes during the previous financial year;

Sentence Administration Act 2003

Part 9 Prisoners Review Board

s. 112A

page 92 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(j) the operation of this Act and relevant parts of the

Sentencing Act 1995 so far as they relate to early release

orders and PSSOs and to the activities of CCOs in

relation to those orders during the previous financial

year.

[Section 112 inserted: No. 41 of 2006 s. 64; amended: No. 45 of

2016 s. 35; No. 2 of 2018 s. 10.]

112A. Information to be excluded from annual reports

(1) In this section —

protected information means information the disclosure of

which would contravene a written law or an order of a court;

release action has the meaning given in section 66D;

release decision has the meaning given in section 66D;

sensitive information means information the disclosure of

which could reasonably be expected to —

(a) prejudice national security; or

(b) endanger a person’s life or physical safety; or

(c) threaten significant damage to infrastructure or property;

or

(d) prejudice a criminal investigation; or

(e) reveal intelligence gathering methodologies,

investigative techniques or technologies or covert

practices; or

(f) enable the discovery of the existence or identity of a

confidential source of information relevant to law

enforcement.

(2) This section applies if, during a financial year, the chairperson

decides —

(a) to make a release decision, or take release action, under

Part 5 Division 1B; or

(b) to refuse to make a release decision, or take release

action, under Part 5 Division 1B; or

(c) to cancel an early release order under section 67A(2).

(3) Before giving an annual report for the financial year, the

chairperson must notify the Commissioner of Police and the

Attorney General of the number of decisions referred to in

subsection (2) that are made in the financial year (notifiable

information).

Sentence Administration Act 2003

Prisoners Review Board Part 9

s. 113

page 93 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(4) The Commissioner of Police must advise the Attorney General

whether, in the Commissioner’s opinion, some or all of the

notifiable information is, or is likely to be, sensitive

information.

(5) If the Attorney General is satisfied that some or all of the

notifiable information is protected information or, on advice

given under subsection (4), is satisfied that some or all of the

notifiable information is sensitive information, the Attorney

General must direct the chairperson to —

(a) exclude the information from the annual report; and

(b) insert a statement in the annual report to the effect that

the information is excluded from the annual report under

this section.

(6) The chairperson must comply with a direction given under

subsection (5).

(7) The Attorney General may obtain legal advice as to the matters

in subsection (5).

(8) If the Attorney General does not give a direction under

subsection (5), the Board must include the notifiable

information in the annual report.

[Section 112A inserted: Sentencing Legislation Amendment

(Persons Linked to Terrorism) Bill 2021 cl. 22.]

113. Special reports to Minister

(1) The Minister, in writing, may request the Board to report about

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

as practicable.

Sentence Administration Act 2003

Part 10 Miscellaneous

s. 114

page 94 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

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 or supervised offender

reasons for a decision, then if the person decides that it would

be in the interest of the prisoner or supervised offender or any

other person, or the public, to withhold from the prisoner or

supervised offender any or all of the reasons, the person may do

so.

[Section 114 amended: No. 45 of 2016 s. 36.]

115. Rules of natural justice excluded

The rules known as the rules of natural justice (including any duty

of procedural fairness) do not apply to or in relation to the doing or

omission of any act, matter or thing under Parts 1 Parts 2 to 6

by —

(a) the Governor; or

(b) the Minister; or

(c) the Board; or

(d) an authorised person as defined in section 108(1); or

(e) the CEO.

[Section 115 amended: Sentencing Legislation Amendment

(Persons Linked to Terrorism) Bill 2021 cl. 23.]

115A. Board may review decisions about release

(1) In this section —

reviewable decision has a meaning in accordance with

subsections (2), (3) and (4).

(2) Subject to subsection (4), a decision made —

(a) by the Board not to make an early release order; or

(b) by the Board to make a parole order in which the release

date is not the day when, under section 23(2) or

section 93(1) of the Sentencing Act 1995, the prisoner is

eligible to be released on parole; or

(c) by the Board to suspend or cancel an early release order;

or

(d) by the CEO to suspend an early release order; or

(da) by the Board to make a PSSO; or

Sentence Administration Act 2003

Miscellaneous Part 10

s. 115A

page 95 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(e) by the Board not to make a request under section 13(4)

after receiving a report under section 13(3) or not to

endorse, with or without variations, a re-socialisation

programme received under section 13(4); or

(f) by the Board as to the nature or content of a

re-socialisation programme endorsed under

section 13(5) or approved under section 14(5),

is a reviewable decision.

(3) The regulations may provide that a decision of a prescribed kind

made under the regulations is a reviewable decision.

(4) For the purposes of this section, the following decisions are not

reviewable decisions —

(a) a decision made by the Board under Part 5 Division 1B

or section 67A(2) in relation to an early release order;

(b) a decision made by the Board in relation to a prisoner

with links to terrorism —

(i) not to make a request under section 13(4) after

receiving a report about the prisoner under

section 13(3); or

(ii) not to endorse, with or without variations, the

prisoner’s participation in a re-socialisation

programme received under section 13(4);

(c) a decision made by the Board as to the nature or content

of a re-socialisation programme endorsed under

section 13(5) or approved under section 14(5) in relation

to a prisoner with links to terrorism;

(d) a decision made by the Board under subsection (8), or

by the Board on further consideration of a matter

pursuant to a decision under subsection (8).

(4) A decision under subsection (8), or by the Board on further

considering a matter pursuant to a decision under subsection (8),

is not a reviewable decision.

(5) A prisoner about whom a reviewable decision is made may

request the Board to review the decision.

(6) A request may only be made on the grounds that the person who

made the decision —

(a) did not comply with this Act or the regulations; or

(b) made an error of law; or

Sentence Administration Act 2003

Part 10 Miscellaneous

s. 115B

page 96 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(c) used incorrect or irrelevant information or was not

provided with relevant information.

(7) A request must —

(a) be in writing; and

(b) state the grounds for it; and

(c) include any submissions that the applicant wants to

make to the Board about the decision concerned and the

reasons for it.

(8) When a request is made, the chairperson of the Board must

consider any submissions included in it and review the decision

concerned and may —

(a) confirm, amend or cancel the decision; or

(b) make another decision; or

(c) refer the decision to the Board for further consideration.

(9) The chairperson may delegate the functions in subsection (8) to

a deputy chairperson.

(10) A deputy chairperson to whom the functions in subsection (8)

are delegated must not decide any question of law but must refer

it to the chairperson to decide.

(11) The Board must give the applicant written notice of any

decision on a review requested under this section.

[Section 115A amended: No. 41 of 2006 s. 65; No. 45 of 2016

s. 37; Sentencing Legislation Amendment (Persons Linked to

Terrorism) Bill 2021 cl. 24.]

115B. Decisions made by Board as constituted by chairperson

alone may be reconsidered

(1) This section applies to decisions referred to in

section 115A(4)(a), (b) and (c).

(2) A prisoner about whom the decision is made may request that

the Board, as constituted by the chairperson alone, reconsider

the decision.

(3) A request must —

(a) be in writing; and

(b) state the grounds for it; and

(c) include any submissions that the applicant wants to

make to the Board about the decision concerned and the

reasons for it.

Sentence Administration Act 2003

Miscellaneous Part 10

s. 116

page 97 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(4) A request may be made only on the grounds that the Board in

making the decision —

(a) did not comply with this Act or the regulations; or

(b) made an error of law; or

(c) used incorrect or irrelevant information or was not

provided with relevant information.

(5) When a request is made, the Board, as constituted by the

chairperson alone, must consider any submissions included in it

and reconsider the decision concerned and may —

(a) confirm, amend or cancel the decision; or

(b) make another decision.

(6) The Board, as constituted by the chairperson alone, must give

the applicant written notice of any decision made under

subsection (5).

(7) A decision made under subsection (5) is not subject to

reconsideration under this section.

[Section 115B inserted: Sentencing Legislation Amendment

(Persons Linked to Terrorism) Bill 2021 cl. 25.]

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

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

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.

(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.

(4) Subsection (1) does not limit any power to arrest a person who

has escaped lawful custody.

Sentence Administration Act 2003

Part 10 Miscellaneous

s. 117

page 98 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

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

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

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.

(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, retrieval of etc.

(1) In this section —

monitoring equipment means any device or equipment (and any

related wiring or other item) that is —

(a) designed or intended to keep a person under surveillance

or to monitor a person’s movements; and

(b) required to be worn by a person, or to be installed at a

place, under this Act, the Sentencing Act 1995 or the

Bail Act 1982.

(1A) The CEO may give a person who is, or who has been, the

subject of a direction or order to wear monitoring equipment a

direction to be available at a specified place and time in order to

surrender or deliver the monitoring equipment to the CEO.

(2) The CEO may give the occupier of a place where monitoring

equipment is installed a direction to deliver the monitoring

equipment to the CEO within a specified period.

(3) A person who, without reasonable excuse, fails to comply with,

or contravenes, a direction given under subsection (1A) or (2)

commits an offence.

Penalty for this subsection: a fine of $12 000 or imprisonment

for 12 months.

Sentence Administration Act 2003

Miscellaneous Part 10

s. 119

page 99 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(4) A CCO may, at any time, enter a place where monitoring

equipment is installed to retrieve the monitoring equipment.

(5) A person who hinders a CCO exercising the power in

subsection (4) commits an offence.

Penalty for this subsection: a fine of $12 000 or imprisonment

for 12 months.

(6) A person who, without reasonable excuse, removes or interferes

with, or interferes with the operation of, any monitoring

equipment in such a way as to prevent or impede monitoring of

a person’s location, commits an offence.

Penalty for this subsection: a fine of $12 000 or imprisonment

for 12 months.

(7) A person who wilfully and unlawfully destroys or damages any

monitoring equipment commits an offence.

Penalty for this subsection: a fine of $12 000 or imprisonment

for 12 months.

[Section 118 amended: No. 13 of 2020 s. 19.]

119. Information, disclosure and use of by departmental staff etc.

(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 —

(a) for the purposes of and in the due exercise of functions

under this Act; or

(b) when ordered by a court or a judge to do so; or

(ba) under the High Risk Serious Offenders Act 2020

section 25(1) or 40(2); or

(c) in circumstances approved, or of a kind approved, by the

Minister.

Penalty: $2 500.

(2) The positions to which this section applies are —

(a) a member, a deputy of a member, an acting member, the

registrar or a member of the staff of the Board; and

(b) the CEO; and

(c) a member of the departmental staff.

[Section 119 amended: No. 41 of 2006 s. 66; No. 65 of 2006

s. 42; No. 29 of 2020 s. 115.]

Sentence Administration Act 2003

Part 10 Miscellaneous

s. 119A

page 100 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

119A. Protection of Commissioner of Police reports that may be

withdrawn

(1) In this section, a reference to the Board is a reference to the

Board as constituted by the chairperson alone.

(2) This section applies if the Board must, under section 66I(2),

give the Commissioner of Police an opportunity to withdraw a

Commissioner of Police report.

(3) Until the Commissioner of Police is given a reasonable

opportunity to withdraw the report, the Board must take all

reasonable steps to prohibit the publication of, or a reference to,

the report.

[Section 119A inserted: Sentencing Legislation Amendment

(Persons Linked to Terrorism) Bill 2021 cl. 26.]

119B. Protection of Commissioner of Police reports containing

terrorist intelligence information

(1) In this section, a reference to the Board is a reference to the

Board as constituted by the chairperson alone.

(2) The Board must take all reasonable steps to maintain the

confidentiality of a Commissioner of Police report that the

Board is satisfied contains terrorist intelligence information,

including —

(a) receiving the report or hearing argument, or opinion,

about the report in private and in the absence of any

person other than a person to whose presence the Board

consents; and

(b) except as provided in paragraph (a), prohibiting the

publication of, or a reference to, the report; and

(c) withholding any or all of the reasons for a decision

under section 114.

(3) Despite subsection (2), the Board may give the report to —

(a) the Attorney General; or

(b) a court; or

(c) a person to whom the Board authorises disclosure.

(4) Before giving a report under subsection (3)(b) or (c), the Board

must, in writing, notify the Commissioner of Police of the

Board’s intention to give the report.

[Section 119B inserted: Sentencing Legislation Amendment

(Persons Linked to Terrorism) Bill 2021 cl. 26.]

Sentence Administration Act 2003

Miscellaneous Part 10

s. 119C

page 101 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

119C. Protection of terrorist intelligence information in legal

proceedings

(1) In this section —

court includes any tribunal, authority or person having the

power to require the production of documents or the answering

of questions;

disclosure requirement means a requirement under the

Criminal Procedure Act 2004 section 35, 42, 61 or 95 to

disclose any information.

(2) In any legal proceeding relating to, or requiring the disclosure

of, information included in a Commissioner of Police report that

the court is satisfied is terrorist intelligence information, the

court must —

(a) dispense with the disclosure requirements in relation to

the information if the court is satisfied that no

miscarriage of justice will result; and

(b) ensure that such parts of the proceeding relating to the

disclosure of the information are held in private; and

(c) make such orders as to the suppression of evidence

given before the court that, in the court’s opinion, will

ensure that the information is not disclosed; and

(d) make orders prohibiting the publication of the

information.

(3) Without limiting the matters that the court may consider for the

purpose of determining if the information is terrorist intelligence

information, the court must, before it makes the determination,

give the Commissioner of Police an opportunity to be heard by,

or to make written submissions to, the court.

[Section 119C inserted: Sentencing Legislation Amendment

(Persons Linked to Terrorism) Bill 2021 cl. 26.]

120. Protection from personal liability for torts

(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

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.

Sentence Administration Act 2003

Part 10 Miscellaneous

s. 120A

page 102 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(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.

120A. Delegation by Commissioner of Police

(1) The Commissioner of Police may, in writing signed by the

Commissioner, delegate any of the Commissioner’s powers or

duties under this Act to a police officer of or above the rank of

Commander.

(2) For the purposes of this Act, the exercise of a power or duty by

a delegate under this section is taken to be the exercise of the

power or duty by the Commissioner of Police.

(3) A police officer to whom a power or duty is delegated under this

section cannot delegate that power or duty to any other person.

[Section 120A inserted: Sentencing Legislation Amendment

(Persons Linked to Terrorism) Bill 2021 cl. 27.]

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.

122. Review of Act

(1) The Minister must carry out a review of the operation and

effectiveness of this Act as soon as is practicable after —

(a) 1 July 2007; and

(b) the expiry of each 5 yearly interval after that day.

(2) The Minister must prepare a report based on each review under

subsection (1) and, as soon as is practicable after the report is

prepared (and in any event not more than 12 months after the

relevant day or expiry), must cause it to be laid before each

House of Parliament.

[Section 122 inserted: No. 41 of 2006 s. 67.]

Sentence Administration Act 2003

Transitional and validation provisions Part 11

Provisions for the Sentencing Legislation Amendment Act 2016 Part 2

Division 1

s. 123

page 103 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

Part 11 — Transitional and validation provisions

[Heading inserted: No. 45 of 2016 s. 14; amended: No. 45 of

2016 s. 38.]

Division 1 — Provisions for the Sentencing Legislation

Amendment Act 2016 Part 2

[Heading inserted: No. 45 of 2016 s. 39.]

123. Terms used

In this Division —

commencement means the day on which the Sentencing

Legislation Amendment Act 2016 Part 2 comes into operation;

former transitional provisions means —

(a) the Sentencing (Consequential Provisions) Act 1995

section 83, 86, 87 or 91(1), as affected by the Sentencing

Legislation Amendment and Repeal Act 2003 Schedule 1

clause 13; and

(b) the Offenders Community Corrections Act 1963 3 as

continued in operation by any of those provisions of the

Sentencing (Consequential Provisions) Act 1995;

pre-1996 prisoner means a prisoner —

(a) sentenced before 4 November 1996; and

(b) to whom the Sentencing (Consequential Provisions)

Act 1995 section 83, 86, 87 or 91(1) applied;

transitional period means the period —

(a) beginning on 4 November 1996; and

(b) ending immediately before commencement.

[Section 123 inserted: No. 45 of 2016 s. 14; amended: No. 45 of

2016 s. 40.]

124. Reports during the transitional period: pre-1996 prisoners

If a report given during the transitional period about a pre-1996

prisoner was not given in accordance with a former transitional

provision that permitted or required a person to give a report

about the prisoner then —

(a) each provision of the Sentence Administration Act 1995 2

that would have permitted or required a person to give a

report about the prisoner had the prisoner been

sentenced on or after 4 November 1996 and before

Sentence Administration Act 2003

Part 11 Transitional and validation provisions

Division 1 Provisions for the Sentencing Legislation Amendment Act 2016 Part 2

s. 125

page 104 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

31 August 2003 is taken to have applied, and the former

transitional provision is taken not to have applied, to and

in respect of the prisoner during that period; and

(b) each provision of this Act that would have permitted or

required a person to give a report about the prisoner had

the prisoner been sentenced on or after 31 August 2003

and before commencement is taken to have applied, and

the former transitional provision is taken not to have

applied, to and in respect of the prisoner during that

period.

[Section 124 inserted: No. 45 of 2016 s. 14.]

125. Participation in re-socialisation programmes: pre-1996

prisoners

If a pre-1996 prisoner participated, or purported to participate,

in a re-socialisation programme on or after 28 January 2007 and

before commencement, then each provision of this Act that

would have permitted the prisoner to participate in the

programme had the prisoner been sentenced on or after

28 January 2007 is taken to have applied to and in respect of

that prisoner during that period.

[Section 125 inserted: No. 45 of 2016 s. 14.]

126. Release on parole: pre-1996 prisoners

(1) If the release on parole of a pre-1996 prisoner during the

transitional period was not in accordance with a former

transitional provision relating to the release of the prisoner on

parole then —

(a) each provision of the Sentence Administration Act 1995 2

that would have been about the release of the prisoner on

parole had the prisoner been sentenced on or after

4 November 1996 and before 31 August 2003 is taken to

have applied, and the former transitional provision is

taken not to have applied, to and in respect of the

prisoner during that period; and

(b) each provision of this Act that would have been about

the release of the prisoner on parole had the prisoner

been sentenced on or after 31 August 2003 and before

commencement is taken to have applied, and the former

transitional provision is taken not to have applied, to and

in respect of the prisoner during that period.

Sentence Administration Act 2003

Transitional and validation provisions Part 11

Provisions for the Sentencing Legislation Amendment Act 2016 Part 3 Division 2

Division 2

s. 127

page 105 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(2) In making a decision during the transitional period about the

release from custody of a pre-1996 prisoner under a provision of

the Sentence Administration Act 1995 2 or this Act that applied

by virtue of subsection (1), any of the following, according to

the terms of the provision, may have been taken into account —

(a) any report given about the prisoner under provisions that

apply to and in respect of the prisoner by virtue of

section 124;

(b) the participation by the prisoner in any re-socialisation

programme under provisions that apply to and in respect

of the prisoner by virtue of section 125.

[Section 126 inserted: No. 45 of 2016 s. 14.]

127. Validation of parole orders: pre-1996 prisoner

A parole order made in relation to the release from custody of a

pre-1996 prisoner is, and is taken to have always been, as valid

as it would have been if this Division had been if force when it

was made.

[Section 127 inserted: No. 45 of 2016 s. 14; amended: No. 45 of

2016 s. 41.]

128. Inconsistency with former transitional provisions

If a provision of this Act, or the Sentence Administration

Act 1995 2, that applies by virtue of this Division is inconsistent

with a provision of the former transitional provisions, the

provision of this Act, or the Sentence Administration Act 1995 2,

prevails.

[Section 128 inserted: No. 45 of 2016 s. 14; amended: No. 45 of

2016 s. 42.]

Division 2 — Provisions for the Sentencing Legislation

Amendment Act 2016 Part 3 Division 2

[Heading inserted: No. 45 of 2016 s. 43.]

129. Continued application of former Part 3 Division 4

(1) In this section —

commencement day means the day on which the Sentencing

Legislation Amendment Act 2016 section 23 comes into

operation;

Sentence Administration Act 2003

Part 11 Transitional and validation provisions

Division 2

s. 129

page 106 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

former Division means Part 3 Division 4 as in force

immediately before commencement day.

(2) If the former Division applied to a prisoner immediately before

commencement day then on and after that day the former

Division continues to apply to and in relation to the prisoner as

if the Sentencing Legislation Amendment Act 2016 section 23

had not come into operation.

[Section 129 inserted: No. 45 of 2016 s. 43.]

Sentence Administration Act 2003

Provisions applying to the Prisoners Review Board Schedule 1

cl. 1

page 107 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

Schedule 1 — Provisions applying to the Prisoners

Review Board

[s. 105]

[Heading inserted: No. 41 of 2006 s. 68.]

1. Term used: member

In this Schedule —

member means a member of the Board.

[Clause 1 inserted: No. 41 of 2006 s. 68.]

2. Term etc. of office

(1) A member appointed by the Governor is a member for the period (not

more than 5 years) specified in the instrument of appointment, but is

eligible for reappointment.

(2) If a person who is a judge is appointed as the chairperson —

(a) the person’s service as the chairperson is to be taken for all

purposes to be service in the person’s office of judge; and

(b) the person’s appointment does not prevent the person from

performing the functions of the person’s office of judge.

(3) The office of a deputy chairperson or a community member is to be

held on a full-time basis, part-time basis or sessional basis.

(4) The office of a member appointed by the CEO or the Commissioner

of Police is to be held in conjunction with the member’s employment

in the Public Sector or appointment as a police officer, as the case

may be.

(5) The chairperson, if a judge, ceases to be a member by resignation

under clause 3, or on ceasing to be a judge.

(6) The chairperson, if a retired judge, ceases to be a member by

resignation under clause 3, or when the chairperson’s appointment is

terminated under clause 4.

(7) A member appointed by the CEO ceases to be a member by

resignation under clause 3, or on ceasing to be an officer of the Public

Sector agency of which the CEO is the chief executive officer, or

when the CEO cancels the appointment, or when the member’s

appointment is terminated under clause 4.

(8) A member appointed by the Commissioner of Police ceases to be a

member by resignation under clause 3, or on ceasing to be a police

officer, or when the Commissioner cancels the appointment, or when

the member’s appointment is terminated under clause 4.

[Clause 2 inserted: No. 41 of 2006 s. 68.]

Sentence Administration Act 2003

Schedule 1 Provisions applying to the Prisoners Review Board

cl. 3

page 108 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

3. Resignation

(1) A member appointed by the Governor may resign by giving the

Minister a signed letter of resignation.

(2) A member appointed by the CEO may resign by giving the CEO a

signed letter of resignation.

(3) A member appointed by the Commissioner of Police may resign by

giving the Commissioner a signed letter of resignation.

(4) A resignation has effect when it is received by the relevant person or

at such later date as it specifies.

[Clause 3 inserted: No. 41 of 2006 s. 68.]

4. Terminating appointments

(1) For the purposes of this clause, grounds to terminate the appointment

of a member exist if the member —

(a) has been convicted of an indictable offence or an offence

committed under the law of another place that would, if it had

been committed in this State, be an indictable offence; or

(b) is incapable of performing the functions of a member; or

(c) has neglected without a reasonable cause to perform the

functions of a member; or

(d) has been negligent or careless in performing the functions of

a member; or

(e) is unfit to be a member due to misconduct.

(2) The Governor, on the recommendation of the Minister, may terminate

the appointment of a member appointed by the Governor, other than a

member who is a judge, if grounds to terminate the appointment exist.

(3) The Minister may terminate the appointment of a member, other than

a member appointed by the Governor, if grounds to terminate the

appointment exist.

(4) Subclause (3) does not affect the power under clause 2(7) or (8) of the

CEO or the Commissioner of Police, as the case may be, to cancel an

appointment.

[Clause 4 inserted: No. 41 of 2006 s. 68.]

5. Meetings

(1A) This clause does not apply in relation to a meeting of the Board held

for the purposes of Part 5 Division 1B or section 67A.

(1) The chairperson is to decide when and where the Board meets.

(2) The Board, constituted in accordance with this clause, may meet and

perform its functions even if at the same time the Board, constituted in

Sentence Administration Act 2003

Provisions applying to the Prisoners Review Board Schedule 1

cl. 6

page 109 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

accordance with this clause but by different individuals, is also

meeting and performing the Board’s functions.

(3) At a meeting of the Board the chairperson or a deputy chairperson is

to preside.

(4) At a meeting of the Board —

(a) a quorum consists of 3 members as follows —

(i) the chairperson or a deputy chairperson;

(ii) one community member;

(iii) one of the persons appointed under section 103(1)(d)

or (e);

and

(b) questions arising are to be determined by a majority of the

members present and voting; and

(c) if there is a tie in voting, the presiding member has a second

vote.

(5) Any question of law that arises at a meeting of the Board must be

decided by the chairperson or, if the chairperson is not at the meeting,

referred to the chairperson to decide.

(6) The Board may, if it thinks fit, conduct a meeting at which all or some

members participate by telephone or other similar means, but any

member who speaks on a matter at the meeting must be able to be

heard by the other members at the meeting.

(7) Subject to this clause the chairperson is to determine the procedure for

convening and conducting meetings of the Board.

[Clause 5 inserted: No. 41 of 2006 s. 68; amended: Sentencing

Legislation Amendment (Persons Linked to Terrorism) Bill 2021

cl. 28.]

6. Conditions of service

(1) Members appointed by the Governor, other than a member who is a

judge, are entitled to the remuneration and allowances set by the

Governor from time to time on the recommendation of the Public

Sector Commissioner.

(2) Any remuneration and allowances paid to a member who is a retired

judge do not affect the member’s entitlements under the Judges’

Salaries and Pensions Act 1950.

(3) The other conditions of service of members appointed by the

Governor are to be determined by the Governor from time to time.

[Clause 6 inserted: No. 41 of 2006 s. 68; amended: No. 39 of 2010

s. 89.]

Sentence Administration Act 2003

Schedule 1 Provisions applying to the Prisoners Review Board

cl. 7

page 110 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

7. Leave of absence

The Minister may grant leave of absence to a member on such

conditions as the Minister determines.

[Clause 7 inserted: No. 41 of 2006 s. 68.]

Sentence Administration Act 2003

Serious offences Schedule 2

page 111 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

Schedule 2 — Serious offences

[s. 4]

[Heading amended: No. 6 of 2014 s. 11(1).]

A serious offence is an offence under any of these provisions of The

Criminal Code

(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

(f) Chapter XXXIIIA — Threats

(g) Chapter XXXIIIB — Stalking

(h) Chapter XXXVIII — Robbery: Extortion by threats

(i) Section 187 — Facilitating sexual offences against children

outside Western Australia,

or an offence under —

(j) section 60 of the Censorship Act 1996 4; or

(k) section 61(1), (1A) or (2a) of the Restraining Orders

Act 1997.

[Schedule 2 amended: No. 4 of 2004 s. 5(2); No. 41 of 2006 s. 69; No.

6 of 2014 s. 11(2); No. 13 of 2020 s. 20.]

Sentence Administration Act 2003

Schedule 3 Reports and re-socialisation programmes for certain prisoners

Division 1 Current sentence types

page 112 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

Schedule 3 — Reports and re-socialisation programmes for

certain prisoners

[s. 12A and 13]

[Heading inserted: No. 45 of 2016 s. 15.]

Division 1Current sentence types

[Heading inserted: No. 45 of 2016 s. 15.]

Item

No.

Description of prisoner First report

due

Subsequent

reports due

1. A person serving a sentence of

life imprisonment for an offence

other than murder

7 years after

the day on

which the

term began or

is taken to

have begun

Every 3 years

after that

2. A person serving a sentence of

life imprisonment for murder

where a minimum period has

been set under the Sentencing

Act 1995 section 90(1)(a)

At the end of

the minimum

period

Every 3 years

after that

3. A person serving a sentence of

indefinite imprisonment

One year after

the day on

which the

sentence

began

Every 3 years

after that

4. A Governor’s pleasure detainee

subject to a sentence of

detention imposed under The

Criminal Code section 279(5)(b)

One year after

the day on

which the

detention

began

Every year

after that

[Division 1 inserted: No. 45 of 2016 s. 15.]

Sentence Administration Act 2003

Reports and re-socialisation programmes for certain prisoners Schedule 3

Former sentence types Division 2

page 113 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

Division 2 — Former sentence types

[Heading inserted: No. 45 of 2016 s. 15.]

Item

No.

Description of prisoner First report

due

Subsequent

reports due

5. A person serving a sentence of

strict security life imprisonment

commuted from a sentence of

death under The Criminal Code

section 679 (repealed by the

Sentencing (Consequential

Provisions) Act 1995 section 26)

20 years after

the sentence

was

commuted

Every 3 years

after that

6. A person serving a sentence of

life imprisonment commuted

from a sentence of death under

The Criminal Code section 679

(repealed by the Sentencing

(Consequential Provisions)

Act 1995 section 26)

10 years after

the sentence

was

commuted

Every 3 years

after that

7. A person serving a sentence of

strict security life imprisonment

for wilful murder under The

Criminal Code section 282(a)(i)

(repealed by the Criminal Law

Amendment (Homicide)

Act 2008 section 10) in respect

of which no minimum term was

set

20 years after

the term

began

Every 3 years

after that

8. A person serving a sentence of

life imprisonment for wilful

murder under The Criminal

Code section 282(a)(ii)

(repealed by the Criminal Law

Amendment (Homicide)

Act 2008 section 10) in respect

of which no minimum term was

set

12 years after

the day on

which the

term began

or is taken to

have begun

Every 3 years

after that

Sentence Administration Act 2003

Schedule 3 Reports and re-socialisation programmes for certain prisoners

Division 2 Former sentence types

page 114 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

Item

No.

Description of prisoner First report

due

Subsequent

reports due

9. A person serving a sentence of

life imprisonment for murder

under The Criminal Code

section 282(b) (repealed by the

Criminal Law Amendment

(Homicide) Act 2008 section 10)

in respect of which no minimum

term was set

7 years after

the day on

which the

term began

or is taken to

have begun

Every 3 years

after that

10. A person serving a sentence of

strict security life imprisonment

where a minimum period has

been set under —

(a) the Sentencing Act 1995

section 91(1) (as it was

immediately before the

commencement of the

Criminal Law Amendment

(Homicide) Act 2008

section 19); or

At the end of

the minimum

period

Every 3 years

after that

(b) the Offenders Community

Corrections Act 1963 3

section 40D (repealed by

the Sentencing

(Consequential

Provisions) Act 1995

section 77)

11. A person serving a sentence of

life imprisonment for murder or

wilful murder where a minimum

period has been set under —

At the end of

the minimum

period

Every 3 years

after that

(a) the Sentencing Act 1995

section 90(1) or (2) (as it

was immediately before

the commencement of the

Criminal Law Amendment

(Homicide) Act 2008

section 19); or

Sentence Administration Act 2003

Reports and re-socialisation programmes for certain prisoners Schedule 3

Former sentence types Division 2

page 115 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

Item

No.

Description of prisoner First report

due

Subsequent

reports due

(b) the Offenders Community

Corrections Act 1963 3

section 40D (repealed by

the Sentencing

(Consequential

Provisions) Act 1995

section 77)

12. A person serving a sentence of

life imprisonment for an offence

other than murder imposed

before the commencement of the

Acts Amendment (Imprisonment

and Parole) Act 1987 section 6

5 years after

the day on

which the

term began

or is taken to

have begun

Every 3 years

after that

13. A person serving a sentence of

life imprisonment for an offence

other than murder imposed on or

after the commencement of the

Acts Amendment (Imprisonment

and Parole) Act 1987 section 6

7 years after

the day on

which the

term began

or is taken to

have begun

Every 3 years

after that

14. A person subject to a direction

or sentence under The Criminal

Code section 661 or 662

(repealed by the Sentencing

(Consequential Provisions)

Act 1995 section 26)

For

section 661

— 2 years

after the day

on which the

detention

began

For

section 662

— one year

after the day

on which the

detention

began

Every year

after that

Sentence Administration Act 2003

Schedule 3 Reports and re-socialisation programmes for certain prisoners

Division 2 Former sentence types

page 116 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

Item

No.

Description of prisoner First report

due

Subsequent

reports due

15. A person in, or regarded as

being in, strict or safe custody

by virtue of an order under The

Criminal Code section 282

(repealed by the Criminal Law

Amendment (Homicide)

Act 2008 section 10)

One year

after the day

on which the

detention

began

Every year

after that

[Division 2 inserted: No. 45 of 2016 s. 15.]

[Schedule 4 deleted: No. 29 of 2020 s. 116.]

Sentence Administration Act 2003

Compilation table Notes

page 117 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

Notes This is a compilation of the Sentence Administration Act 2003 and includes amendments

made by other written laws 1M, 5. For provisions that have come into operation, and for

information about any reprints, see the compilation table. For provisions that have not

yet come into operation see the uncommenced provisions table.

Compilation table

Short title Number

and year

Assent Commencement

Sentence Administration

Act 2003

49 of 2003 9 Jul 2003 s. 1 and 2: 9 Jul 2003;

Act other than s. 1 and 2:

31 Aug 2003 (see s. 2 and

Gazette 29 Aug 2003 p. 3833)

Criminal Code Amendment

Act 2004 s. 5

4 of 2004 23 Apr 2004 21 May 2004 (see s. 2)

Sentencing Legislation

Amendment Act 2004

Pt. 2 Div. 2

27 of 2004 14 Oct 2004 31 May 2006 (see s. 2 and

Gazette 30 May 2006 p. 1965)

Workers’ Compensation

Reform Act 2004 s. 174

42 of 2004 9 Nov 2004 4 Jan 2005 (see s. 2 and Gazette

31 Dec 2004 p. 7131)

Parole and Sentencing

Legislation Amendment

Act 2006 Pt. 2 6

41 of 2006 22 Sep 2006 28 Jan 2007 (see s. 2 and

Gazette 29 Dec 2006 p. 5867)

Prisons and Sentencing

Legislation Amendment

Act 2006 Pt. 3

65 of 2006 8 Dec 2006 4 Apr 2007 (see s. 2 and Gazette

3 Apr 2007 p. 1491)

Financial Legislation

Amendment and Repeal

Act 2006 s. 6 and

Sch. 1 cl. 155

77 of 2006 21 Dec 2006 1 Feb 2007 (see s. 2(1) and

Gazette 19 Jan 2007 p. 137)

Reprint 1: The Sentence Administration Act 2003 as at 20 Jul 2007 (includes

amendments listed above)

Fines Legislation

Amendment Act 2008 Pt. 4

3 of 2008 12 Mar 2008 28 Mar 2008 (see s. 2(c) and

Gazette 27 Mar 2008 p. 899)

Criminal Law Amendment

(Homicide) Act 2008 s. 39

29 of 2008 27 Jun 2008 1 Aug 2008 (see s. 2(d) and

Gazette 22 Jul 2008 p. 3353)

Public Sector Reform

Act 2010 s. 89

39 of 2010 1 Oct 2010 1 Dec 2010 (see s. 2(b) and

Gazette 5 Nov 2010 p. 5563)

Reprint 2: The Sentence Administration Act 2003 as at 1 Apr 2011 (includes

amendments listed above)

Sentencing Legislation

Amendment Act 2014 Pt. 3

6 of 2014 22 Apr 2014 23 Apr 2014 (see s. 2(b))

Dangerous Sexual

Offenders Legislation

Amendment Act 2016 Pt. 6

17 of 2016 11 Jul 2016 10 Sep 2016 (see s. 2(b) and

Gazette 9 Sep 2016 p. 3871)

Sentence Administration Act 2003

Notes Compilation table

page 118 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

Short title Number

and year

Assent Commencement

Restraining Orders and

Related Legislation

Amendment (Family

Violence) Act 2016

Pt. 3 Div. 7

49 of 2016 29 Nov 2016 1 Jul 2017 (see s. 2(b) and

Gazette 7 Feb 2017 p. 1157)

Sentencing Legislation

Amendment Act 2016 Pt. 2

Div. 1 and Pt. 3 Div. 2

45 of 2016 7 Dec 2016 Pt. 2 Div. 1: 8 Dec 2016

(see s. 2(b));

Pt. 3 Div. 2: 1 Jul 2017 (see

s. 2(c) and Gazette 7 Feb 2017

p. 1159)

Sentence Administration

Amendment Act 2018

2 of 2018 23 Mar 2018 s. 1 and 2: 23 Mar 2018

(see s. 2(a));

Act other than s. 1 and 2:

13 Apr 2018 (see s. 2(b) and

Gazette 10 Apr 2018 p. 1283)

Reprint 3: The Sentence Administration Act 2003 as at 1 Jun 2018 (includes

amendments listed above)

Sentence Administration

Amendment (Multiple

Murderers) Act 2018

42 of 2018 12 Dec 2018 s. 1 and 2: 12 Dec 2018

(see s. 2(a));

Act other than s. 1 and 2:

13 Dec 2018 (see s. 2(b))

Family Violence Legislation

Reform (COVID-19

Response) Act 2020 Pt. 3

13 of 2020 6 Apr 2020 7 Apr 2020 (see s. 2(b))

Fines, Penalties and

Infringement Notices

Enforcement Amendment

Act 2020 Pt. 3 Div. 7

25 of 2020 19 Jun 2020 29 Sep 2020 (see s. 2(1)(c) and

SL 2020/159 cl. 2(a))

High Risk Serious

Offenders Act 2020 Pt. 9

Div. 4

29 of 2020 9 Jul 2020 26 Aug 2020 (see s. 2(1)(c)

and SL 2020/131 cl. 2)

Family Violence Legislation

Reform Act 2020 Pt. 4

(other than s. 37)

30 of 2020 9 Jul 2020 1 Jan 2021 (see s. 2(1)(c) and

SL 2020/125 cl. 2(c)(ii))

COVID-19 Response and

Economic Recovery

Omnibus Act 2020 s. 61

34 of 2020 11 Sep 2020 12 Sep 2020 (see s. 2(b))

Sentencing Legislation

Amendment (Persons

Linked to Terrorism)

Bill 2021 Pt. 2

Current Bill

No. 38-2

Sentence Administration Act 2003

Uncommenced provisions table Notes

page 119 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

Uncommenced provisions table

To view the text of the uncommenced provisions see Acts as passed on the WA

Legislation website.

Short title Number

and year

Assent Commencement

Family Violence Legislation

Reform Act 2020 s. 37 7

30 of 2020 9 Jul 2020 To be proclaimed

(see s. 2(1)(c))

Other notes

1M Under the Cross-border Justice Act 2008 section 14, in order to give effect to that

Act, this Act must be applied with the modifications prescribed by the

Cross-border Justice Regulations 2009 Part 3 Division 20 as if this Act had been

altered in that way. If a modification is to replace or insert a numbered provision,

the new provision is identified by the superscript 1M appearing after the provision

number. If a modification is to replace or insert a definition, the new definition is

identified by the superscript 1M appearing after the defined term.

1 The Sentencing Legislation Amendment and Repeal Act 2003 Pt. 2 Div. 4

commenced 31 Aug 2003 (see Gazette 29 Aug 2003 p. 3833).

2 Repealed by the Sentencing Legislation Amendment and Repeal Act 2003.

3 Repealed by the Sentencing (Consequential Provisions) Act 1995.

4 Section 60 of the Censorship Act 1996, which is now known as the Classification

(Publications, Films and Computer Games) Enforcement Act 1996, was deleted by

the Child Pornography and Exploitation Material and Classification Legislation

Amendment Act 2010 s. 9.

5 The Sentencing Legislation Amendment and Repeal Act 2003 Pt. 6 requires a

review of certain provisions. It was deleted by the Parole and Sentencing

Legislation Amendment Act 2006 s. 94 (commenced on 28 Jan 2007, see s. 2 and

Gazette 29 Dec 2006 p. 5867).

6 The Parole and Sentencing Legislation Amendment Act 2006 Pt. 7 reads as

follows:

Part 7 — Transitional provisions

98. Arrangements for CEO parole orders

(1) In this section —

amended provisions means the Sentence Administration Act 2003

Part 3 Divisions 4 and 7 to 10 as amended by this Act;

commencement means the coming into operation of section 20;

former provisions means the Sentence Administration Act 2003

Part 3 Division 4 as enacted before being amended by this Act;

prescribed period means the period ending 2 months after the day

of the commencement,

and other terms used have the same meanings as they have in the

amended provisions.

Sentence Administration Act 2003

Notes Other notes

page 120 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(2) If immediately before the commencement a person is subject to a

parole order made by the CEO under the former provisions, then

on and after the commencement the amended provisions apply to

and in respect of that person and that parole order as if the parole

order had been made by the Board.

(3) Despite anything in the amended provisions, during the prescribed

period the CEO may exercise —

(a) the power conferred on the Board by section 23 of the

amended provisions; and

(b) the powers conferred on the Board by the amended

provisions in relation to a parole order made under

section 23 of the former provisions or section 23 of the

amended provisions.

(4) A power exercised under subsection (3) is to be regarded as

having been exercised by the Board.

99. Arrangements for RROs

(1) In this section —

amended provisions means the Sentence Administration Act 2003

Part 4 as amended by this Act;

commencement means the coming into operation of section 41;

former provisions means the Sentence Administration Act 2003

Part 4 as enacted before being amended by this Act,

and other terms used have the same meanings as they have in the

amended provisions.

(2) If immediately before the commencement a person is subject to an

RRO made under the former provisions, then on and after the

commencement the former provisions continue to apply to and in

respect of that person and that order.

(3) Despite section 50 of the amended provisions, a prisoner serving a

parole term imposed before the commencement may apply under

the amended provisions to be released under an RRO.

(4) An application mentioned in subsection (3) is to be dealt with in

accordance with the amended provisions but, if the RRO is

made —

(a) sections 54(3)(b) and 60 of the former provisions apply

in respect of it and the making of it; and

(b) section 54(3)(b) of the amended provisions does not

apply in respect of it.

100. Arrangements for members of existing Parole Board

(1) In this section —

commencement means the coming into operation of section 57;

Parole Board means the Board as established under section 103 as

enacted before the commencement;

Prisoners Review Board means the Board to be established under

section 103 as it is set out in section 57;

section 103 means the Sentence Administration Act 2003

section 103.

Sentence Administration Act 2003

Other notes Notes

page 121 [This compilation shows amendments proposed by Bill No. 38-2 (Pt. 2).]

(2) The person holding office as the judicial member of the Parole

Board immediately before the commencement is to hold office as

the chairperson of the Prisoners Review Board for the remainder

of the period for which the person was appointed as the judicial

member.

(3) Immediately before the commencement the office of any person,

other than the judicial member, who is then a member of, acting

member of, or deputy of a member of, the Parole Board becomes

vacant.

(4) Subsection (3) does not prevent a person mentioned in that

subsection from being nominated, being appointed, or holding

office, as a member of the Prisoners Review Board.

7 The Family Violence Legislation Reform Act 2020 s. 37 will not come into

operation as the Schedule it sought to amend has been deleted by the High Risk

Serious Offenders Act 2020 s. 116.