Western Australian Numbered Acts Western Australian Numbered Acts
TABLE OF PROVISIONS
Long Title
Preamble
PART 1 -- Preliminary
1. Short title
2. Commencement
3. This Act to be read with Sentencing Act 1995
4. Interpretation and abbreviations
PART 2 -- General matters about people in custody
Division 1 -- Preliminary
5. Interpretation and calculations
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 certain people in custody
11. Report to Minister about the place of custody for a person in custody during Governor’s pleasure
12. Report to Minister about a person in custody
Division 4 -- Releasing people in custody during the Governor’s pleasure
13. Operation of this Division
14. Release may be by parole order
PART 3 -- Parole
Division 1 -- Preliminary
15. Interpretation
16. Release on parole, matters to be considered
Division 2 -- Reports about certain people eligible for parole
17. Parole term, CEO to report to Board about prisoner
18. Life term or indefinite imprisonment, Board to report periodically to Minister about prisoner
Division 3 -- Parole in case of parole term
19. Interpretation
20. Board may parole prisoner
21. Prisoner to be notified of postponement or refusal of parole
Division 4 -- Parole in case of short term
22. Application
23. CEO may parole prisoner
24. Prisoner to be notified of postponement or refusal of parole
Division 5 -- Parole in case of life term or indefinite imprisonment
25. Life imprisonment, Governor may parole prisoner
26. Strict security life imprisonment, Governor may parole prisoner
27. Indefinite imprisonment, Governor may parole prisoner
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. Amendment of parole order during supervised period
Division 9 -- Suspension of parole orders
38. Suspension by CEO during supervised period
39. Suspension by Board during supervised period
40. Period of suspension
41. Suspension, effect on other parole orders
42. Prisoner to be notified
Division 10 -- Cancellation of parole orders
43. Cancellation before release
44. Cancellation by Board or CEO
45. Cancellation, prisoner to be notified
46. Cancellation, effect on other parole orders
Division 11 -- Miscellaneous
47. Decision to refuse etc. parole, Board may review
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
53. Prisoner to be notified of refusal to 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
60. Prisoner may be paroled or returned to custody after RRO
61. Suspension by Board or CEO
62. Suspension, prisoner to be notified
63. Cancellation by Board
64. Cancellation, prisoner to be notified
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 or CEO
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. Interpretation
76. Offender’s obligations
77. Consequences of contravening the 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
81. Compensation for injury
82. Regulations
PART 7 -- Community corrections centres
Division 1 -- Preliminary
83. Interpretation
84. Community corrections centres
85. Community corrections activities
Division 2 -- Management
86. CEO may issue written instructions
87. Supervisors of centres
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 notify Board of certain breaches
Division 2 -- Other staff
98. Appointment
99. Volunteers
Division 3 -- Miscellaneous
100. Compensation for injury
101. Assistance by police officers
PART 9 -- Parole Board
102. Parole Board established
103. Membership
104. Secretary
105. Schedule 1 applies
106. Functions
107. Board to have powers of Royal Commission
108. Orders by the 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. Exclusion of rules of natural justice
116. Arrest warrant may be issued if warrant of commitment in force
117. Issue and execution of warrants
118. Monitoring equipment
119. Secrecy
120. Protection from liability for wrongdoing
121. Regulations
SCHEDULE 1 -- Provisions applying to the Parole Board
SCHEDULE 2 -- Prescribed offences
[Assented to 9 July 2003]