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 1 — Current 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 1 — Current 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.
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