Sch 1Provisions applying to the Prisoners Review Board

Schedule 1 — Provisions applying to the Prisoners Review Board 1. Term used: member 142 2. Term etc. of office 142 3. Resignation 143 4. Terminating appointments 143 5. Meetings 144 6. Conditions of service 145 7. Leave of absence 145 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 152 Uncommenced provisions table 154 Other notes 155 Defined terms An Act to provide for the administration of sentences and other orders imposed on offenders. ## 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 (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); 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; or (d) one of whom is a child who — (i) ordinarily resides, or resided, with the other person; or (ii) regularly resides or stays, or resided or stayed, with the other person; or (e) one of whom is, or was, a child of whom the other person is a guardian; early release order means — (a) a parole order; or (b) a re‑entry release order; family violence offence (category A) 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 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; family violence offence (category B) 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; family violence restraining order has the meaning given in the *Restraining Orders Act 1997* section 3(1); 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; 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; (g) housing; (h) financial support and debt; (i) family and community networks; (j) any other prescribed factor;