61Establishment of Board

61 Establishment of Board (1) There is established a Board by the name of the Adult Parole Board. S. 61(2) amended by No. 11/1993 s. 7(1)(e). (2) The Board consists of— S. 61(2)(a) substituted by Nos 16/1991 s. 16(1)(a), 62/2013 s. 4(1)(a). (a) such number of Judges of the Supreme Court as are appointed by the Governor in Council on the recommendation of the Chief Justice of the Supreme Court; and S. 61(2)(ab) inserted by No. 10/2013 s. 22(1). (ab) such number of Associate Judges of the Supreme Court as are appointed by the Governor in Council on the recommendation of the Chief Justice of the Supreme Court; and S. 61(2)(b) substituted by No. 16/1991 s. 16(1)(b), amended by No. 62/2013 s. 4(1)(b). (b) such number of Judges of the County Court as are appointed by the Governor in Council on the recommendation of the Chief Judge of the County Court; and S. 61(2)(c) substituted by No. 16/1991 s. 16(1)(b), amended by No. 62/2013 s. 4(1)(c). (c) such number of Magistrates as are appointed by the Governor in Council on the recommendation of the Chief Magistrate; and S. 61(2)(d) substituted by No. 91/2009 s. 205. (d) one or more persons appointed by the Governor in Council as full-time members; and S. 61(2)(da) inserted by No. 16/1991 s. 16(1)(c), amended by Nos 62/2013 s. 4(1)(d), 45/2019 s. 31(1). (da) such number of retired Judges of the Supreme Court or the County Court or a superior court or an intermediate court or retired Magistrates, as are appointed by the Governor in Council; and S. 61(2)(db) inserted by No. 45/2019 s. 31(2). (db) such number of retired Associate Judges of the Supreme Court as are appointed by the Governor in Council; and S. 61(2)(dc) inserted by No. 45/2019 s. 31(2). (dc) one or more Australian lawyers of at least 10 years' standing appointed by the Governor in Council; and S. 61(2)(e) substituted by No. 10/2013 s. 22(2), amended by No. 45/2019 s. 31(3). (e) one or more persons appointed by the Governor in Council as part-time members. S. 61(2)(f) amended by No. 45/1996 s. 17(Sch. 1 item 42), repealed by No. 45/2019 s. 31(4). S. 61(2A) inserted by No. 45/2019 s. 31(5). (2A) A member of the Board (other than a member referred to in subsection (2)(d) or (e)) may be appointed on a full-time or part-time basis. S. 61(3) amended by No. 16/1987 s. 4(3)(Sch. 1 item 7(f)). (3) The Board established by this section is deemed to be the same Board as the Adult Parole Board established under Division 4 of Part VIII of the **Community Services Act 1970** and the Parole Board established under Part IV of the **Crimes Act 1958**. (4) A reference in an Act other than this Act or in a subordinate instrument or document to the Parole Board or Adult Parole Board is, on the commencement of this section, deemed to be a reference to the Board established by this section. S. 61(5) amended by No. 16/1987 s. 4(3)(Sch. 1 item 7(f)). (5) All proceedings pending before the Adult Parole Board established under Division 4 of Part VIII of the **Community Services Act 1970** immediately before the commencement of this section may be continued and completed by the Board established by this section, as if those proceedings were commenced under this Act and are not affected by the enactment of this section. S. 61(6) amended by No. 16/1987 s. 4(3)(Sch. 1 item 7(f)). (6) The Judge of the Supreme Court who, immediately before the commencement of this section, was a member of the Adult Parole Board established under Division 4 of Part VIII of the **Community Services Act 1970** is deemed to have been appointed as the chairperson of the Board established by this section. S. 61(7) inserted by No. 16/1991 s. 16(1)(d). (7) The Adult Parole Board is the same body after the commencement of section 16 of the **Corrections (Prison Management and Prisoners) Act 1991** as it was before that commencement despite the changes in its membership made by that section. S. 61(7A) inserted by No. 45/2019 s. 31(6). (7A) The Adult Parole Board is the same body after the commencement of section 31 of the **Justice Legislation Amendment (Serious Offenders and Other Matters) Act 2019** as it was before that commencement despite the changes in its membership made by that section. S. 61(8) inserted by No. 62/2013 s. 4(2). ***intermediate court*** means a court of another State or a Territory of equivalent status to the County Court; ***superior court*** means— (a) the High Court; or (b) the Federal Court; or (c) the Family Court; or (d) the Supreme Court of another State or a Territory. S. 61A (Heading) amended by No. 12/2014 s. 10(1). S. 61A inserted by No. 62/2013 s. 5.