Western Australian Consolidated Acts Western Australian Consolidated Acts
TABLE OF PROVISIONS
Long Title
PART 1 -- Preliminary
1. Short title
2. Commencement
3. This Act to be read with Sentencing Act 1995
4. Terms and abbreviations used
PART 2 -- General matters
Division 1 -- Preliminary
5. Terms used and calculations
5A. Release considerations about people in custody
5B. Community safety paramount
5C. Victim’s submission to Board
Division 2 -- Matters affecting the service of terms
6. When a term begins
7. Order of service of fixed terms
8. Effect of not being in custody
9. Effect of time before an appeal
10. No release if prisoner in custody for another matter
Division 3 -- Reports about prisoners
11. Report to Minister about the place of custody for a person in custody during Governor’s pleasure
11A. Reports by CEO to Board about certain prisoners
12. Reports by Board to Minister about prisoners generally
12A. Reports by Board to Minister about prisoners serving life terms or indefinite imprisonment
Division 4 -- Programmes for certain prisoners
13. Prisoners serving life terms or indefinite imprisonment, approving etc. re-socialisation programmes for
14. Certain other prisoners, approving re-socialisation programmes for
14A. Regulations as to re-socialisation programmes
PART 3 -- Parole
Division 1 -- Preliminary
15. Terms used and calculations
Division 2 -- Reports about certain people eligible for parole
17. Parole term, CEO to give Board report about prisoner on
Division 3 -- Parole in case of parole term
19. Term used: prisoner
20. Board may parole prisoner
Division 4 -- Parole in case of short term
22. Application of Division
23. Board may parole prisoner
Division 5 -- Parole in case of life or indefinite imprisonment
25. Life imprisonment, Governor may parole prisoner
27. Indefinite imprisonment, Governor may parole prisoner
Division 5A -- Releasing prisoners during the Governor’s pleasure
27A. Operation of this Division
27B. Release may be by parole order
Division 6 -- Parole orders
28. Parole order, nature of
29. Parole order, standard obligations
30. Parole order, additional requirements
31. CEO to ensure parolee is supervised during supervised period
Division 7 -- Parole orders, general provisions
32. Parole order may relate to more than one term
33. Prisoner may refuse to be released on parole
34. Prisoner’s acknowledgment or undertaking
35. Making parole order after refusal by prisoner
Division 8 -- Amendment of parole orders
36. Amending before release
37. Amending during parole period
Division 9 -- Suspension of parole orders
38. Suspension by CEO
39. Suspension by Board
40. Period of suspension
41. Suspension, effect on other parole orders
Division 10 -- Cancellation of parole orders
43. Cancellation before release
44. Cancellation after release
46. Cancellation, effect on other parole orders
Division 11 -- Miscellaneous
48. Parole ordered by Governor, Minister to be advised of amendment, suspension or cancellation
49. Resolution of doubtful cases
PART 4 -- Re-entry release orders
50. Certain prisoners may apply to Board for RRO
51. CEO to report to Board about RRO applicants
52. Board may make RRO
54. RRO, nature of
55. RRO, standard obligations
56. RRO, primary requirements
57. RRO, additional requirements
58. Prisoner’s undertaking
59. CEO to ensure prisoner is supervised during RRO
61. Suspension by Board or CEO
63. Cancellation by Board
PART 5 -- Provisions applying to early release orders
Division 1 -- General
65. Period of early release order counts as time served
66. Prisoner under sentence until discharged
Division 2 -- Automatic cancellation
67. Cancellation automatic if prisoner imprisoned for offence committed on early release order
Division 3 -- Consequences of suspension and cancellation
68. Suspension, effect of
69. Cancellation, effect of
70. Returning prisoner to custody
71. Clean street time counts as time served
Division 4 -- Re-release after cancellation
72. Re-release after cancellation of order made by Board
73. Re-release after cancellation of parole order made by Governor
74. Parole period under new parole order deemed to be time served
PART 6 -- Provisions applying to offenders on community corrections orders
75. Terms used
76. Offender’s obligations
77. Consequences of contravening s. 76 obligations
78. CEO may suspend requirements in case of illness etc.
79. Community service requirement, offender may be directed to do activities
80. Programme requirement, CEO may give offender additional directions
81. Compensation for injury to offenders
82. Regulations
PART 7 -- Community corrections centres
Division 1 -- Preliminary
83. Terms used
84. Community corrections centres, declaration of
85. Community corrections activities, approval of
Division 2 -- Management
86. Instructions about management etc., issue of etc.
87. Managers of centres, functions of etc.
88. Functions of CCOs at centres
89. Access to centres
90. Searches
91. Seizure
Division 3 -- Miscellaneous
92. Department to report on centres
93. Regulations
PART 8 -- Staff
Division 1 -- Chief executive officer
94. Functions
95. Delegation by CEO
96. CEO may confer functions of CCO on person
97. CEO to make information available to Board
97A. Disclosing information about offender for community safety
97B. Disclosing and requesting information
97C. Disclosing information to agencies outside WA
97D. Disclosing information to victims
97E. Disclosure under s. 97A, 97B, 97C and 97D not subject to other laws etc.
Division 2 -- Other staff
98. Appointment
98A. Duties of CCOs
99. Volunteers
Division 3 -- Miscellaneous
100. Compensation for injury to volunteers etc.
101. Assistance by police officers
PART 9 -- Prisoners Review Board
102. Board established
103. Membership
104. Training of members
104A. Registrar and other staff
105. Tenure, meetings etc. (Sch. 1)
106. Functions
107. Board to have powers of Royal Commission
107A. Board may use experts etc.
107B. Notification of Board’s decisions
107C. Publication of Board’s decisions
108. Orders by Board
109. Board may require prisoner to appear before it
110. Issue of warrants by Board
111. Judicial notice of appointment and signature
112. Annual report to Minister
113. Special reports to Minister
PART 10 -- Miscellaneous
114. Reasons for decision may be withheld
115. Rules of natural justice excluded
115A. Board may review decisions about release
116. Arrest warrant may be issued if warrant of commitment in force
117. Issue and execution of warrants
118. Monitoring equipment, retrieval of etc.
119. Information, disclosure and use of by departmental staff etc.
120. Protection from personal liability for torts
121. Regulations
122. Review of Act
SCHEDULE 1 -- Provisions applying to the Prisoners Review Board
SCHEDULE 2 -- Prescribed offences
[Reprinted under the Reprints Act 1984 as at 1 April 2011]
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