{"id":"prisoners-release-for-deportation-act-1989","name":"Prisoners (Release for Deportation) Act 1989","slug":"prisoners-release-for-deportation-act-1989","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":109841,"registerId":"wa-prisoners-release-for-deportation-act-1989-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Prisoners (Release for Deportation) Act 1989","content":"![Crest]()Western Australia\n\nPrisoners (Release for Deportation) Act 1989\n\nWestern Australia\n\nPrisoners (Release for Deportation) Act 1989\n\nContents\n\n1. Short title 1\n\n2. Commencement 1\n\n3. Interpretation 1\n\n4. Release for deportation 2\n\n5. Variation or revocation of order 3\n\n6. Sentence or detention deemed to have been served 5\n\n6A. Persons under custody orders under *Criminal Law (Mental Impairment) Act 2023* 5\n\n7. Exclusion of the rules of natural justice 6\n\n8. Regulations 6\n\nNotes\n\nCompilation table 7\n\nDefined terms\n\n  \n\nWestern Australia\n\nPrisoners (Release for Deportation) Act 1989\n\nAn Act relating to the release of prisoners for the purpose of deportation.\n\n##### 1. Short title\n\nThis Act may be cited as the *Prisoners (Release for Deportation) Act 1989*.\n\n##### 2. Commencement\n\nThis Act shall come into operation on such day as is fixed by proclamation.\n\n##### 3. Interpretation\n\n(1) In this Act, unless the contrary intention appears —\n\n  deportation order has the meaning given in section 4 of the *Migration Act 1958* of the Commonwealth;\n\n  order for release means an order made under section 4(4);\n\n  prison means —\n\n(a) a prison as defined in section 3 of the *Prisons Act 1981*;\n\n(b) any place where a person is detained in safe custody;\n\n(c) a detention centre as defined in section 3 of the *Young Offenders Act 1994*;\n\n  prisoner means a person —\n\n(a) serving a term of imprisonment, or being detained during the Governor’s pleasure, in a prison for an offence against the law of the State, or another State, or a Territory; or\n\n(b) being detained in safe custody;\n\n  Prisoners Review Board means the Prisoners Review Board established under the *Sentence Administration Act 2003*.\n\n(2) In this Act a reference to detention during the Governor’s pleasure shall be construed so as to include a reference to detention in safe custody.\n\n(3) In this section safe custody means safe custody during the Governor’s pleasure pursuant to an order made —\n\n(a) under section 19(6a)(a) of *The Criminal Code* before the commencement of section 31 of the *Acts Amendment (Imprisonment and Parole) Act 1987*; or\n\n(b) under section 653 or 693(4) of *The Criminal Code*.\n\n[Section 3 amended: No. 17 of 1991 s. 4; No. 78 of 1995 s. 109; No. 10 of 1998 s. 60; No. 50 of 2003 s. 29(3); No. 41 of 2006 s. 93(2).]\n\n##### 4. Release for deportation\n\n(1) Where a deportation order is made in respect of a prisoner, the Prisoners Review Board shall, subject to subsection (2), furnish a written report to the Minister containing a recommendation as to whether or not an order for release should be made in respect of the prisoner.\n\n(2) The Prisoners Review Board shall not furnish a report under subsection (1) in respect of a prisoner (within the meaning of paragraph (a) of the definition of that term in section 3(1)) unless the circumstances are such that the prisoner could be released from prison on parole under an order made under the *Sentence Administration Act 2003.*\n\n(3) In a report furnished under subsection (1) the Prisoners Review Board shall give express attention to whether, if a deportation order had not been made in respect of the prisoner, the prisoner would have been considered suitable for release from prison, having regard to —\n\n(a) the nature and circumstances of the offence in respect of which the prisoner is serving a term of imprisonment or is being detained during the Governor’s pleasure;\n\n(b) the degree of risk that the release of the prisoner would have appeared to present to the community or to any individual in the community; and\n\n(c) such other matters as the Prisoners Review Board thinks fit.\n\n(4) Where a report furnished under subsection (1) contains a recommendation that an order for release be made in respect of a prisoner, the Governor may by order in writing direct that the prisoner be released from prison into the custody of a person or persons specified in the order for the purpose of deportation, and the prisoner shall be released accordingly.\n\n(5) An order for release —\n\n(a) shall specify the period of time within which the prisoner is to be deported; and\n\n(b) is subject to such conditions, if any, as are specified in the order.\n\n(6) Notwithstanding section 20 of the *Sentence Administration Act 2003*, the Prisoners Review Board is not required to make an order directing that a prisoner be released from prison on parole if an order for release is in force in respect of that prisoner.\n\n[Section 4 inserted: No. 17 of 1991 s. 5; amended: No. 78 of 1995 s. 109; No. 50 of 2003 s. 29(3); No. 41 of 2006 s. 93(3).]\n\n##### 5. Variation or revocation of order\n\n(1) The Governor may by order in writing at any time before the deportation of a prisoner released under section 4(4) vary or revoke an order for release.\n\n(2) If —\n\n(a) the deportation of a prisoner released under section 4(4) has not been effected within the period of time specified in the order for release; or\n\n(b) the deportation order in respect of such a prisoner is revoked,\n\nthe order for release of the prisoner ceases to have effect, by force of this section, on the expiration of the period of time referred to in paragraph (a) or on the revocation of the deportation order, as the case may be.\n\n(3) Where an order for release is revoked or ceases to have effect the prisoner shall be returned to prison to serve the unexpired portion of his or her term of imprisonment or to be further detained during the Governor’s pleasure, as the case may be, unless the prisoner is otherwise released.\n\n(4) For the purposes of subsection (3), a Judge or a District Court Judge may, whenever necessary, by warrant authorise a member of the Police Force to apprehend the prisoner and return the prisoner to a prison specified in the warrant, and the warrant is sufficient authority for the apprehension of the prisoner and the return of the prisoner to the prison so specified.\n\n(5) Where a prisoner is returned to prison in accordance with subsection (3) the period spent by the prisoner in the custody of the person or persons referred to in section 4(4) shall be regarded as time served in respect of his or her term of imprisonment or detention during the Governor’s pleasure, as the case may be.\n\n(6) In the case of a sentence of strict security life imprisonment or life imprisonment a reference in this section to serving the unexpired portion of a term of imprisonment shall be construed as a reference to resuming the service of the sentence.\n\n[Section 5 amended: No. 17 of 1991 s. 6.]\n\n##### 6. Sentence or detention deemed to have been served\n\nIf the deportation of a prisoner released under section 4(4) is effected within the period of time specified in the order for release, the prisoner —\n\n(a) shall be regarded as having served his or her term of imprisonment or detention during the Governor’s pleasure in a prison, as the case may be; and\n\n(b) by force of this section is wholly discharged from that imprisonment or detention and in the case of an habitual criminal ceases to be an habitual criminal.\n\n[Section 6 amended: No. 17 of 1991 s. 7.]\n\n##### 6A. Persons under custody orders under *Criminal Law (Mental Impairment) Act 2023*\n\n(1) This section applies to a person required to be detained under a custody order under the *Criminal Law (Mental Impairment) Act 2023* (a CLMI Act person) who is not otherwise a prisoner under this Act.\n\n(2) This Act has effect in relation to CLMI Act persons as if —\n\n(a) a reference to a prisoner included a reference to a CLMI Act person; and\n\n(b) a reference to a prison, in relation to a CLMI Act person, were a reference to the place where the person is required to be detained under the custody order; and\n\n(c) a reference to the Prisoners Review Board, in relation to a CLMI Act person, were a reference to the Mental Impairment Review Tribunal established under the *Criminal Law (Mental Impairment) Act 2023*; and\n\n(d) a reference to detention during the Governor’s pleasure, in relation to a CLMI Act person, were a reference to being required to be detained under the custody order.\n\n[Section 6A inserted: No 10 of 2023 s. 394.]\n\n##### 7. Exclusion of the rules of natural justice\n\nThe 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 this Act by the Governor.\n\n##### 8. Regulations\n\nThe Governor may make regulations prescribing all matters that are necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n\n![]()\n\nNotes\n\nThis is a compilation of the *Prisoners (Release for Deportation) Act 1989* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Prisoners (Release for Deportation) Act 1989* | 15 of 1989 | 16 Nov 1989 | 6 Dec 1991 (see s. 2 and *Gazette* 6 Dec 1991 p. 6067) |\n| *Prisoners (Release for Deportation) Amendment Act 1991* | 17 of 1991 | 21 Jun 1991 | 6 Dec 1991 (see s. 2 and *Gazette* 6 Dec 1991 p. 6067) |\n| *Sentencing (Consequential Provisions) Act 1995* Pt. 68 | 78 of 1995 | 16 Jan 1996 | 4 Nov 1996 (see s. 2 and *Gazette* 25 Oct 1996 p. 5632) |\n| *Statutes (Repeals and Minor Amendments) Act (No. 2) 1998* s. 60 | 10 of 1998 | 30 Apr 1998 | 30 Apr 1998 (see s. 2(1)) |\n| *Sentencing Legislation Amendment and Repeal Act 2003* s. 29(3) | 50 of 2003 | 9 Jul 2003 | 31 Aug 2003 (see s. 2 and *Gazette* 29 Aug 2003 p. 3833) |\n| **Reprint 1: The *Prisoners (Release for Deportation) Act 1989* as at 3 Oct 2003** (includes amendments listed above) | | | |\n| *Parole and Sentencing Legislation Amendment Act 2006* s. 93 | 41 of 2006 | 22 Sep 2006 | 28 Jan 2007 (see s. 2 and *Gazette* 29 Dec 2006 p. 5867) |\n| *Criminal Law (Mental Impairment) Act 2023* Pt. 15 Div. 23 | 10 of 2023 | 13 Apr 2023 | 1 Sep 2024 (see s. 2(b) and SL 2024/175 cl. 2) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\ndeportation order 3(1)\n\norder for release 3(1)\n\nprison 3(1)\n\nprisoner 3(1)\n\nPrisoners Review Board 3(1)\n\nsafe custody 3(3)\n\n© State of Western Australia 2024.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2024.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Yes. Amendments and later insertions have broadened and clarified scope: interplay with the Sentence Administration Act 2003 limits Board reports to prisoners who could be paroled (s4(2)); the Act was extended to cover persons detained under custody orders under the Criminal Law (Mental Impairment) Act 2023 (s6A). Multiple amendments over time updated definitions and cross‑references (see compilation table)."},"complexity_factors":["Cross‑references to multiple other Acts (Migration Act 1958; Sentence Administration Act 2003; Prisons Act 1981; Criminal Law (Mental Impairment) Act 2023) increasing interpretive load (see s3(1), s4(2), s6A).","Broad executive discretion vested in the Governor to make, vary or revoke release orders (ss 4(4), 5(1)).","Statutory requirement for an advisory report from the Prisoners Review Board with conditional limits tied to parole eligibility (s4(1)–(2), (3)).","Consequential effects on sentence administration (deportation treated as sentence served; revocation returns prisoner to serve unexpired term) creating practical enforcement and record‑keeping issues (ss 5(3)–(6), 6).","Exclusion of natural justice for Governor’s acts under the Act, reducing procedural safeguards and increasing reliance on administrative discretion (s7).","Application to non‑traditional detainees under custody orders (s6A) requires mapping of roles (Prisoners Review Board ↔ Mental Impairment Review Tribunal) and places of detention."],"plain_english_summary":"**What it does.** The Act permits the Governor to release a prisoner into the custody of specified person(s) for the purpose of deportation when a Commonwealth deportation order exists. The Prisoners Review Board must report and recommend; releases are time‑limited, conditional and revocable; deportation effected within the period is treated as having served the sentence (ss 4–6).\n\n**Who decides.** The Governor makes and revokes orders; the Board advises (s4(1)); the Governor’s decisions are excluded from natural justice (s7). The Act also applies to certain custody orders under the Criminal Law (Mental Impairment) Act 2023 (s6A)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1989 Act applied only to conventional prisoners serving terms of imprisonment. The scope has expanded significantly through amendments to include: (1) young offenders in detention centres (via 1994 amendments), (2) prisoners who would be eligible for parole under modern sentencing regimes (2003 and 2006 amendments), and most substantially (3) persons detained under custody orders for mental impairment (section 6A inserted in 2023). The 2023 amendment effectively doubles the Act's coverage by creating a parallel regime for forensic psychiatric patients who are not technically 'prisoners' but are subject to equivalent release-for-deportation procedures."},"complexity_factors":["Moderate cross-referencing to other statutes (Migration Act 1958, Sentence Administration Act 2003, Criminal Law (Mental Impairment) Act 2023, Prisons Act 1981, Young Offenders Act 1994, Criminal Code)","Nested conditional logic in section 4(2) restricting Board reports to parole-eligible prisoners only","Deeming provisions in section 6A that rewrite the Act's definitions for a specific class of persons (mental impairment detainees)","Exception to general administrative law principles in section 7 (exclusion of natural justice)","Multiple amendment history requiring reconciliation of old and new terminology (e.g., 'Governor's pleasure', 'safe custody', modern sentencing regimes)","Interaction between state release orders and Commonwealth deportation orders creating temporal dependencies (section 5(2))"],"plain_english_summary":"**What this law does:**\n\nThis Western Australian law creates a special process for releasing prisoners early so they can be deported from Australia. It applies when the Commonwealth government has made a deportation order against someone who is currently in a WA prison.\n\n**Who it affects:**\n\n- **Prisoners** serving sentences in WA who are subject to deportation orders under Commonwealth migration law\n- **People detained in psychiatric custody** (under the *Criminal Law (Mental Impairment) Act 2023*) who face deportation\n- The **Prisoners Review Board** (or Mental Impairment Review Tribunal for psychiatric detainees), which assesses whether the person would have been suitable for parole anyway\n- The **Minister** and **Governor** of Western Australia, who make the final decisions\n\n**How it works:**\n\n1. When a deportation order is made, the Prisoners Review Board must report to the Minister recommending whether to release the prisoner\n2. The Board can only recommend release if the prisoner would have been eligible for parole under normal rules\n3. The Board must consider the offence, community risk, and other relevant factors\n4. If recommended, the Governor can order release into the custody of immigration officials for deportation\n5. The release order specifies a time limit for deportation and any conditions\n\n**Key consequences:**\n\n- If deportation happens on time: the prisoner is treated as having fully served their sentence (including for \"habitual criminals\")\n- If deportation fails or the order is revoked: the person goes back to prison to finish their sentence\n- Time spent in immigration custody counts as time served\n- **Important:** The Governor does not have to follow natural justice or procedural fairness rules when making decisions under this Act\n\n**Why it matters:**\n\nThis law allows WA to transfer foreign prisoners out of the state prison system when Australia is deporting them anyway, saving resources while ensuring public safety through the parole-style assessment. However, it removes normal fairness protections from the decision-making process."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed. The document provided contains no legislative content — only a website error message indicating the page is unavailable due to system upgrades. There is no original intent or amended text to compare."},"complexity_factors":["No actual legislative text is available for analysis — the source is an error/redirect page","The subject matter (prisoner release intersecting with federal deportation law) would ordinarily be moderately complex, involving interaction between state and Commonwealth legal frameworks","Complexity cannot be properly assessed without the text — score reflects the simplicity of what was actually provided, not the underlying law"],"plain_english_summary":"The Prisoners (Release for Deportation) Act 1989 appears to govern early release of prisoners so they can be deported, affecting foreign national inmates and intersecting state prison law with federal immigration powers. It matters for anyone facing removal while serving a sentence because it can alter detention, release timing and legal rights.\n\nThe Act’s text isn’t currently available online; contact the WA Parliamentary Counsel’s Office, check legislation.wa.gov.au, or consult a lawyer for authoritative guidance."}},"importantCases":[],"_links":{"self":"/api/acts/prisoners-release-for-deportation-act-1989","history":"/api/acts/prisoners-release-for-deportation-act-1989/history","analysis":"/api/acts/prisoners-release-for-deportation-act-1989/analysis","conflicts":"/api/acts/prisoners-release-for-deportation-act-1989/conflicts","importantCases":"/api/acts/prisoners-release-for-deportation-act-1989/important-cases","documents":"/api/acts/prisoners-release-for-deportation-act-1989/documents"}}