Sch 3prisoner means a person described in Schedule 3 column 2;

Schedule 3 prisoner means a person described in Schedule 3 column 2; sentence includes order; serial family violence offender means a person who is a serial family violence offender under the *Sentencing Act 1995* section 124E; serious offence means an offence of the kind set out in Schedule 2, other than such of those offences as have been prescribed by the regulations as not to be a serious offence; supervised offender has the meaning given in section 74E(1); terrorism offence means — (a) an offence against the Commonwealth Criminal Code Division 72 Subdivision A; or (b) an offence against the Commonwealth Criminal Code Division 80 Subdivision B; or (c) an offence against the Commonwealth Criminal Code Part 5.3, other than an offence against section 104.22, 104.27, 104.27A, 105.41 or 105.45; or (d) an offence against the Commonwealth Criminal Code Part 5.5; or (e) an offence against the following provisions of the *Charter of the United Nations Act 1945* (Commonwealth) — (i) Part 4; (ii) Part 5, to the extent that it relates to the *Charter of the United Nations (Sanctions—Al‑Qaida) Regulations 2008* (Commonwealth); or (f) an offence against the *Crimes (Foreign Incursions and Recruitment) Act 1978* (Commonwealth) (repealed); or (g) an offence against the *Crimes (Internationally Protected Persons) Act 1976* (Commonwealth) section 8; or (h) an offence under a written law or a law of the Commonwealth, another State, a Territory or another country, that substantially corresponds to an offence referred to in paragraph (a), (b), (c), (d), (e) or (g); or (i) an offence of attempting, inciting or conspiring to commit an offence referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (h); terrorist act has the meaning given in the *Terrorism (Commonwealth Powers) Act 2002* section 3; terrorist intelligence information means information relating to a prohibited act or suspected prohibited act, the disclosure of which could reasonably be expected to — (a) prejudice national security; or (b) endanger a person’s life or physical safety; or (c) threaten significant damage to infrastructure or property; or (d) prejudice a criminal investigation; or (e) reveal intelligence gathering methodologies, investigative techniques or technologies or covert practices; or (f) enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement; victim of an offender or prisoner has the meaning given in section 5D; victim’s submission has the meaning given to that term by section 5C(1); work and development order means a work and development order made under Part 4 of the *Fines, Penalties and Infringement Notices Enforcement Act 1994*. (2A) For the purposes of the definition of ***designated family relationship*** in subsection (2), an intimate personal relationship exists between 2 persons (including persons of the same sex) if — (a) the persons are engaged to be married to each other, including a betrothal under cultural or religious tradition; or (b) the persons date each other, or have a romantic involvement with each other, whether or not a sexual relationship is involved. (2B) In deciding whether an intimate personal relationship exists under subsection (2A)(b), the following may be taken into account — (a) the circumstances of the relationship, including, for example, the level of trust and commitment; (b) the length of time the relationship has existed; (c) the frequency of contact between the persons; (d) the level of intimacy between the persons. (2C) For the purposes of the definition of ***terrorist intelligence information***, a prohibited act is — (a) a terrorism offence; or (b) an offence against the Commonwealth Criminal Code section 80.2C(1); or (c) a terrorist act (whether in this State or elsewhere). (3) In this Act these abbreviations are used — CCO for community corrections officer; CSI for conditional suspended imprisonment; PSSO for post‑sentence supervision order; RRO for re‑entry release order; WDO for work and development order. (4) A reference in this Act to the ***community*** includes any community and is not limited to the community of Western Australia or Australia. [Section 4 amended: No. 27 of 2004 s. 10; No. 41 of 2006 s. 4; No. 65 of 2006 s. 37; No. 29 of 2008 s. 39(2); No. 45 of 2016 s. 4 and 22; No. 49 of 2016 s. 107; No. 13 of 2020 s. 15; No. 29 of 2020 s. 104; No. 30 of 2020 s. 33; No. 14 of 2022 s. 4; No. 28 of 2024 s. 50.] [Section 4. Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009. See endnote 1M.] ##### 4A. *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Pt. 2 applies The *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* Part 2 applies to this Act. [Section 4A inserted: No. 34 of 2020 s. 61.] ## Part 2 — General matters [Heading amended: No. 41 of 2006 s. 5.] ##### 5. Terms used and calculations In this Part words and expressions have the same definitions, and calculations are to be made in the same way, as in Part 13 of the *Sentencing Act 1995*. ##### 5A. Release considerations about people in custody In this Act a reference to the release considerations relating to a prisoner is a reference to these considerations — (a) the degree of risk (having regard to any likelihood of the prisoner committing an offence when subject to an early release order and the likely nature and seriousness of any such offence) that the release of the prisoner would appear to present to the personal safety of people in the community or of any individual in the community; (b) the circumstances of the commission of, and the seriousness of, an offence for which the prisoner is in custody; (c) any remarks by a court that has sentenced the prisoner to imprisonment that are relevant to any of the matters mentioned in paragraph (a) or (b); (d) issues for any victim of the prisoner if the prisoner is released, including any matter raised in a victim’s submission; (e) the behaviour of the prisoner when in custody insofar as it may be relevant to determining how the prisoner is likely to behave if released; (f) whether the prisoner has participated in programmes available to the prisoner when in custody, and if not the reasons for not doing so; (g) the prisoner’s performance when participating in a programme mentioned in paragraph (f); (h) the behaviour of the prisoner when subject to any release order made previously; (i) the likelihood of the prisoner committing an offence when subject to an early release order; (j) the likelihood of the prisoner complying with the standard obligations and any additional requirements of any early release order; (k) any other consideration that is or may be relevant to whether the prisoner should be released. [Section 5A inserted: No. 41 of 2006 s. 6; amended: No. 49 of 2016 s. 108.] ##### 5B. Community safety paramount The Board or any other person performing functions under this Act must regard the safety of the community as the paramount consideration. [Section 5B inserted: No. 41 of 2006 s. 6.] ##### 5C. Victim’s submission to Board (1) A victim’s submission is a written submission by a victim of an offender who is in custody that does either or both of the following — (a) states the victim’s opinion of the effect the release of the prisoner would have on the victim; (b) makes suggestions about the conditions that should apply to the prisoner if released. (2) If a victim is personally incapable of making a victim’s submission due to age, disability or infirmity, a person may make a victim’s submission on the victim’s behalf. (3) The Board and the CEO are to establish procedures for the making of victims’ submissions and their receipt by or transmission to the Board. (4) In performing its functions, the Board is to have regard to any victim’s submission received by or transmitted to it in accordance with the procedures and is to give the submission such weight as it sees fit. (5) The Board must not — (a) give a victim’s submission, or a copy of a victim’s submission, to the prisoner or to any person acting for or on behalf of, or representing, the prisoner; or (b) allow the prisoner or any person acting for or on behalf of, or representing, the prisoner to view a victim’s submission. [Section 5C inserted: No. 41 of 2006 s. 6; amended: No. 49 of 2016 s. 109.] ##### 5D. Term used: victim of an offender or prisoner (1) In this Act — victim of an offender or prisoner means — (a) a person who has suffered injury, loss or damage as a direct result of an offence committed by the offender or prisoner, whether or not that injury, loss or damage was reasonably foreseeable by the offender or prisoner; or (b) where an offence committed by the offender or prisoner resulted in a death, any member of the immediate family of the deceased; or (c) a person protected by a family violence restraining order under the *Restraining Orders Act 1997* to which the offender or prisoner is a respondent; or (d) a person who can demonstrate, to the satisfaction of the CEO that — (i) the person is the victim of a violent personal offence previously committed by the offender or prisoner; and (ii) the violent personal offence occurred in the context of a family relationship, as defined in the *Restraining Orders Act 1997* section 4, with the offender or prisoner. violent personal offence means — (a) an offence specified in the *Restraining Orders Act 1997* section 63(4AA)(a); or (b) a violent personal offence as defined in the *Restraining Orders Act 1997* section 63A(1A). (2) For the purposes of subsection (1) in the definition of ***victim*** paragraph (c) or (d), it is irrelevant that the family violence restraining order or the previous violent personal offence, as the case requires, is unrelated to the offence referred to in paragraph (a) or (b) of that definition. [Section 5D inserted: No. 49 of 2016 s. 110.] ### Division 2 — Matters affecting the service of terms ##### 6. When a term begins (1) Unless this section provides otherwise or an order is made under section 87(1)(d) or 88(3) of the *Sentencing Act 1995*, a term, other than indefinite imprisonment, begins on the day it is imposed, or if the prisoner is not then in custody, on the day he or she is arrested under a warrant issued in respect of the sentence. (2) If a term is cumulative on one or more other terms then that term begins on the earliest date on which the prisoner could be released in relation to the last to be served of those other terms, whether or not the release would otherwise be under — (a) a parole order; or (b) a recognizance release order, or a parole order, made under the *Crimes Act 1914* of the Commonwealth. [Section 6 amended: No. 14 of 2022 s. 5.] ##### 7. Order of service of fixed terms fixed term includes — (a) a period of imprisonment ordered under section 58, 59 or 119A of the *Sentencing Act 1995*; and (b) a period of imprisonment specified in a warrant of commitment issued under the *Fines, Penalties and Infringement Notices Enforcement Act 1994*; non‑parole period, in relation to a parole term, means the period that under section 93(1) of the *Sentencing Act 1995* the prisoner has to serve before he or she is eligible to be released on parole. (2) A prisoner who has to serve 2 or more fixed terms is to serve those terms in this order — (a) firstly, those that are not parole terms are to be served according to whether they are concurrent, partly concurrent or cumulative with one another; (b) secondly, subject to sections 94 and 95A of the *Sentencing Act 1995* and subsection (3), the non‑parole periods of those that are parole terms are to be served according to whether those parole terms are concurrent, partly concurrent or cumulative with one another; (c) thirdly, subject to sections 94 and 95A of the *Sentencing Act 1995* and subsection (3), unless and until released on parole, the balance of any parole terms after the end of any non‑parole periods are to be served — (i) cumulatively if the terms are cumulative; (ii) concurrently if the terms are concurrent or partly concurrent. (3) If after the commencement of Part 2 Division 4 of the *Sentencing Legislation Amendment and Repeal Act 2003* 1 a prisoner who is serving, or has yet to serve, a parole term imposed before the commencement of that Division is sentenced to serve another parole term, then — (a) the non‑parole periods of the terms are to be served according to whether the parole terms are concurrent, partly concurrent or cumulative with one another; and (b) the balance of the parole terms after the end of any non‑parole periods are to be served concurrently irrespective of whether the parole terms are concurrent, partly concurrent or cumulative with one another. (4) If while serving a fixed term a prisoner is sentenced to serve another fixed term, other than a fixed term ordered to be served partly concurrently with another term, service of the former is suspended if necessary so that the terms can then be served in the order required by subsection (2). [Section 7 amended: No. 41 of 2006 s. 7; No. 3 of 2008 s. 22; No. 6 of 2014 s. 8.] ##### 8. Effect of not being in custody (1) A term does not elapse while a prisoner is at large, having escaped lawful custody while serving it. (2) A prisoner who is returned to lawful custody after having escaped from it while serving a fixed term, must serve — (a) the part of the term he or she had yet to serve at the time of escaping; plus (b) one‑third of the lesser of — (i) the period during which he or she was absent from lawful custody; or (ii) the period beginning on the date of escape and ending on the date when, but for the escape, the fixed term would have ended, in addition to any term imposed for escaping lawful custody. (3) A term does not elapse while a prisoner is not in lawful custody unless this Act or another written law provides otherwise. ##### 9. Effect of time before an appeal (1) Any period that a prisoner spends on bail while he or she is appealing against a conviction or a sentence does not count as time served in respect of any term that the prisoner is liable to serve. (2) Any period that a prisoner spends in custody while he or she is appealing against a conviction or a sentence counts as time served in respect of any term that he or she is then serving, but not in respect of any other term that he or she is liable to serve. ##### 10. No release if prisoner in custody for another matter Despite this Act and the *Sentencing Act 1995*, a prisoner must not be released (whether under an early release order or otherwise) in respect of a term if at the time the release could be ordered he or she is by law required to be kept in custody in respect of another matter. ### Division 3 — Reports about prisoners [Heading amended: No. 41 of 2006 s. 8.] ##### 11. Report to Minister about the place of custody for a person in custody during Governor’s pleasure (1) At any time the Minister, in writing, may request the CEO to provide a report of the kind mentioned in subsection (2). (2) Whenever the CEO gets a written request to do so from the Minister, or whenever the CEO thinks there are special circumstances which justify doing so, the CEO must give the Minister a written report on the place or places where a Governor’s pleasure detainee is or should be detained in safe custody. [Section 11 amended: No. 41 of 2006 s. 9; No. 29 of 2008 s. 39(3) and (4); No. 45 of 2016 s. 5.] ##### 11A. Reports by CEO to Board about certain prisoners prisoner does not include a prisoner sentenced to a fixed term of less than the length prescribed for the purposes of this section. (2) At any time the Board may request the CEO to give the Board a written report about a prisoner (a prisoner management report). (3) A request — (a) must be in writing; and (b) must specify the prisoner concerned; and (c) must specify the matters to be dealt with in a prisoner management report; and (d) may request the CEO to give a prisoner management report on more than one occasion, as specified in the request; and (e) may request the CEO to give a prisoner management report — (i) at a time specified or referred to in the request; or (ii) at more than one time specified or referred to in the request. (4) Without limiting subsection (3)(e), the time at which a prisoner management report is to be given may be fixed by reference to a time when the Board will review the prisoner’s circumstances. (5) The Board may give the CEO written directions in general terms about giving the Board prisoner management reports. (6) Matters about which the Board can give the CEO directions include — (a) which prisoners the CEO is to give prisoner management reports about; and (b) what prisoner management reports are to deal with; and (c) when prisoner management reports are to be given. (7) The Board may at any time give the CEO a written notice amending or cancelling a request or direction given under this section. (8) On receiving a request or direction given under this section the CEO must comply with it so far as is reasonably practicable. [Section 11A inserted: No. 41 of 2006 s. 10.] ##### 12. Reports by Board to Minister about prisoners generally (1) At any time the Minister, in writing, may request the Board to report about a prisoner. (2) The Board must give the Minister a written report about a prisoner — (a) whenever it gets a written request to do so from the Minister; and (b) whenever it considers it necessary to do so. (3) A report given under subsection (2) must deal with the release considerations relating to the prisoner. (4) Subject to sections 66B(1) and 66G(1), a report — (a) must, if given under subsection (2)(a); and (b) may, if given under subsection (2)(b), recommend whether or not the Governor should be advised to exercise any power vested in the Governor to release the prisoner and, if release is recommended, the requirements or conditions (if any) that should apply to the prisoner’s release. (5) If a report given under subsection (2) about a prisoner recommends that the prisoner be released, the report must, in addition to addressing the matters required by subsections (3) and (4), report — (a) on the nature and circumstances of the offence, or offences, that gave rise to the prisoner being in custody; and (b) if parole is recommended — (i) on the period for which the prisoner should be on parole; and (ii) on the additional requirements (if any) to which the prisoner should be subject while on parole, and may address any other matters the Board thinks fit. [Section 12 inserted: No. 41 of 2006 s. 11; amended: No. 29 of 2008 s. 39(5); No. 45 of 2016 s. 6; No. 2 of 2018 s. 4; No. 14 of 2022 s. 6.] ##### 12A. Reports by Board to Minister about Schedule 3 prisoners (1) A report must be given under this section about a Schedule 3 prisoner regardless of whether or not a report has been given about the prisoner under section 12 (although reports may be combined under section 12B). (2) Except as provided in subsection (2A), the Board must give the Minister a written report about a Schedule 3 prisoner — (a) described in Division 1 column 2 of that Schedule — at the times provided in columns 3 and 4 of that Division for a prisoner of that description; and (b) described in Division 2 column 2 of that Schedule — at the times provided in column 4 of that Division for a prisoner of that description. (2A) The Board must not give a written report under subsection (2) about a prisoner at any time when a direction under section 14C is in effect in relation to the prisoner. (2B) If a direction under section 14C in relation to a prisoner ceases to have effect, and if no other direction under that section is in effect in relation to that prisoner, then except as provided in subsection (2C) the Board must resume giving reports about the prisoner under subsection (2) as if — (a) no direction under section 14C had been given in relation to the prisoner; and (b) each report which would have been required but for a direction under section 14C had been given when due. (2C) If a report about a prisoner under subsection (2) is due to be given within 7 months after a direction under section 14C in relation to the prisoner ceases to have effect, the Board must give the report by or as soon as practicable after the day on which it is due but in any event not later than 7 months after the direction ceases to have effect. (3) A report given under subsection (2) must deal with the release considerations relating to the prisoner. (4) If a report given under subsection (2) recommends that the prisoner be released, the report must, in addition to any other matters the Board thinks fit, report on — (a) whether the prisoner should be released on parole; and (b) if release on parole is recommended — (i) the period for which the prisoner should be on parole; and (ii) the additional requirements (if any) to which the prisoner should be subject while on parole. (5) Subject to sections 66B(1) and 66G(1), a report given under subsection (2) may recommend whether or not the Governor should be advised to exercise any power vested in the Governor to release the prisoner, and, if release is recommended, the requirements or conditions (if any) that should apply to the prisoner’s release. (6) For the purposes of determining under subsection (2)(b) when a subsequent report is due for a prisoner described in Schedule 3 Division 2 column 2 — (a) it is immaterial whether the first report was given under a provision of this Act, the *Sentence Administration Act 1995* or the *Offenders Community Corrections Act 1963* that applied (or was taken to have applied) to or in respect of the prisoner, as long as the report dealt with release considerations (however described) relating to the prisoner; and (b) if a first report was not given, or was not given when it was due, then the first report is to be taken to have been given at the time provided in column 3 of that Division for a prisoner of that description. [Section 12A inserted: No. 41 of 2006 s. 11; amended: No. 29 of 2008 s. 39(6); No. 45 of 2016 s. 7; No. 2 of 2018 s. 5; No. 42 of 2018 s. 4; No. 14 of 2022 s. 7.] ##### 12B. Combined reports may be given under sections 12 and 12A (1) The Board may combine the following reports to form one report (a combined report) — (a) a report that is to be given about a prisoner under section 12 (the first report) and a report that is due to be given about the same prisoner under section 12A within 3 months of the first report; or (b) a report that is due to be given about a prisoner under section 12A at a time provided in one item of Schedule 3 (the first report) and another report, or reports, due to be given about the same prisoner under section 12A at a time, or times, provided in another item, or items, of Schedule 3 that is, or are, within 3 years of the first report. (2) A combined report given in the circumstances described in — (a) subsection (1)(a) is to be taken to have been given under section 12 and under section 12A; (b) subsection (1)(b), and that specifies each item of Schedule 3 in respect of which a report about the prisoner is being combined, is to be taken to satisfy the requirements of section 12A for a report about that prisoner at the time provided under each of those items. (3) A report under section 12A referred to in subsection (1)(a) may be a combined report given in the circumstances described in subsection (1)(b). [Section 12B inserted: No. 45 of 2016 s. 8.] ### Division 4 — Programmes for certain prisoners [Heading inserted: No. 41 of 2006 s. 12.] ##### 12C. References to Board In this Division, a reference to the Board, in relation to a prisoner with links to terrorism who is being assessed for inclusion in a re‑socialisation programme under section 13 or 14, is a reference to the Board as constituted by the chairperson alone. [Section 12C inserted: No. 14 of 2022 s. 8.] ##### 13. Re‑socialisation programmes for Schedule 3 prisoners prisoner means a Schedule 3 prisoner. (2) At a prescribed time in the sentence of a prisoner the CEO must assess — (a) the suitability of the prisoner for inclusion in a re‑socialisation programme; and (b) whether the prisoner’s participation in a re‑socialisation programme can be facilitated by the CEO. (3) The CEO is to give the Board a written report on the outcome of an assessment made under subsection (2). (4) If the Board — (a) has received a report under subsection (3) advising that the CEO can facilitate the prisoner’s participation in a re‑socialisation programme; and (b) considers that the prisoner may be suitable for inclusion in a re‑socialisation programme, then except as provided in subsection (5A) the Board may request the CEO to give it a detailed description of a re‑socialisation programme in which the prisoner should participate before being released, and the CEO must comply with that request. (5) If after — (a) receiving a re‑socialisation programme from the CEO under subsection (4); and (b) considering the release considerations relating to the prisoner, the Board endorses the programme, with or without variations, then except as provided in subsections (5A) and (5B) the Board may, in a report given under section 12A(2) or at any other time, recommend to the Minister that the Governor should be advised to approve of the programme as so endorsed and of the prisoner’s participation in it. (5A) At any time when a direction under section 14C is in effect in relation to a prisoner — (a) the Board must not make a request under subsection (4) in relation to the prisoner; and (b) the CEO must not comply with a request under subsection (4) in relation to the prisoner; and (c) the Board must not, for the purposes of subsection (5), consider release considerations, endorse a re‑socialisation programme or make a recommendation in relation to the prisoner. (5B) The Board must not endorse a re‑socialisation programme or make a recommendation for the purposes of subsection (5) in relation to a prisoner with links to terrorism who is subject to a Commissioner of Police report unless the Board, having regard to the report, is satisfied that the prisoner is suitable for inclusion in the programme. (6) If the Governor approves of the re‑socialisation programme and of the prisoner’s participation in it, the Board is to provide it to the CEO as so approved. (7) The CEO must give a copy of the approved re‑socialisation programme to the prisoner and implement it as far as is reasonably practicable unless it is suspended or cancelled in accordance with the regulations. (8) A prisoner is not to participate in a re‑socialisation programme other than one approved by the Governor and provided to the CEO under subsection (6). (9) Nothing in this section limits the power of — (a) the Board to recommend to the CEO any other programme in which the prisoner should participate before being released; or (b) the CEO to implement any other programme before the prisoner is released. [Section 13 inserted: No. 41 of 2006 s. 12; amended: No. 45 of 2016 s. 9; No. 42 of 2018 s. 5; No. 14 of 2022 s. 9.] ##### 14. Re‑socialisation programmes for certain other prisoners prisoner does not include — (a) a prisoner sentenced to a fixed term of less than the length prescribed for the purposes of section 11A; or (b) a Schedule 3 prisoner. (2) Without limiting section 11A, the Board may at any time request the CEO to assess, at a prescribed time in the sentence of a prisoner — (a) the suitability of the prisoner for inclusion in a re‑socialisation programme; and (b) whether the prisoner’s participation in a re‑socialisation programme can be facilitated by the CEO. (3) The CEO is to give the Board a written report on the outcome of an assessment made under subsection (2). (4) If the Board — (a) has received a report under subsection (3) advising that the CEO can facilitate the prisoner’s participation in a re‑socialisation programme; and (b) considers that the prisoner may be suitable for inclusion in a re‑socialisation programme, the Board may request the CEO to give it a detailed description of a re‑socialisation programme in which the prisoner should participate before being released, and the CEO must comply with that request. (5) If after — (a) receiving a re‑socialisation programme from the CEO under subsection (4); and (b) considering the release considerations relating to the prisoner, the Board approves of the programme, with or without variations, and of the prisoner’s participation in it, except as provided in subsection (5A), the Board is to provide it to the CEO as so approved. (5A) The Board must not approve a programme for the purposes of subsection (5) in relation to a prisoner with links to terrorism who is subject to a Commissioner of Police report unless the Board, having regard to the report, is satisfied that the prisoner is suitable for inclusion in the programme. (6) The CEO must give a copy of the approved re‑socialisation programme to the prisoner and implement it as far as is reasonably practicable unless it is suspended or cancelled in accordance with the regulations. (7) Nothing in this section limits the power of — (a) the Board to recommend to the CEO any other programme in which the prisoner should participate before being released; or (b) the CEO to implement any other programme before the prisoner is released. [Section 14 inserted: No. 41 of 2006 s. 12; amended: No. 45 of 2016 s. 10; No. 14 of 2022 s. 10.] ##### 14A. Regulations as to re‑socialisation programmes Regulations may deal with — (a) the procedures set out in sections 13 and 14; and (b) the nature and content of re‑socialisation programmes and their implementation, suspension, cancellation and reinstatement. [Section 14A inserted: No. 41 of 2006 s. 12.] ### Division 5 — Directions to suspend reporting [Heading inserted: No. 42 of 2018 s. 6.] ##### 14B. Terms used designated prisoner means a Schedule 3 prisoner who is serving a sentence for a relevant offence (the first relevant offence) and who — (a) has been convicted of 2 or more other relevant offences which were committed at any time; or (b) has been convicted of another relevant offence which was committed on a different day than the first relevant offence; relevant offence means — (a) murder; or (b) an offence under the law of the Commonwealth, of another State, of a Territory, or of any place outside Australia, which is constituted by conduct that is substantially the same as the conduct constituting murder; relevant report means a report given by the Board to the Minister under — (a) section 12A(2); or (b) the *Offenders Community Corrections Act 1963* section 34(2)(c) or (d) as continued in operation by the *Sentencing (Consequential Provisions) Act 1995* Part 56 Division 2. [Section 14B inserted: No. 42 of 2018 s. 6.] ##### 14C. Minister may direct suspension of reporting (1) At any time after the Minister has received a relevant report about a designated prisoner the Minister may direct that the operation of sections 12A(2) and 13(4) and (5) in relation to that designated prisoner be suspended. (2) A direction under subsection (1) must — (b) specify a day on which the direction takes effect, which must not be earlier than the day the direction is made; and (c) specify a day on which the direction ceases to have effect, which must not be later than 6 years after the day specified under paragraph (b). (3) The Minister must give copies of a direction under subsection (1) to the Board, the CEO and the designated prisoner. (4) The Minister may not make a direction under subsection (1) while a previous direction in relation to the same designated prisoner remains in effect, unless the previous direction is to cease to have effect within 3 months of the Minister’s direction. (5) There is no limit to the number of directions the Minister may make under subsection (1) in relation to a designated prisoner. (6) A direction under subsection (1) does not prevent the Board from giving reports under section 12 in relation to the designated prisoner. [Section 14C inserted: No. 42 of 2018 s. 6.] ##### 14D. No review of direction to suspend reporting (1) A direction under section 14C — (a) must not be challenged, appealed against, reviewed, quashed or called into question in any court; and (b) is not subject to review or remedy by way of prohibition, mandamus, injunction, declaration or certiorari, or a remedy having the same effect as a remedy that could be provided by means of such a writ, in any court on any account. (2) Subsection (1) does not exclude or limit judicial review for jurisdictional error. [Section 14D inserted: No. 42 of 2018 s. 6.] ## Part 3 — Parole ##### 15. Terms used and calculations In this Part, unless the contrary intention appears, words and expressions have the same definitions, and calculations are to be made in the same way, as in Part 13 of the *Sentencing Act 1995*. [Section 15 inserted: No. 41 of 2006 s. 13.] [**16.** Deleted: No. 41 of 2006 s. 14.] ### Division 2 — Reports about certain people eligible for parole ##### 17. Parole term, CEO to give Board report about prisoner on (1) In the case of a prisoner serving a parole term the CEO must give the Board a written report that deals with the release considerations relating to the prisoner. (2) The report must be given to the Board a reasonable period of time before the date when the prisoner concerned is eligible to be released on parole under section 93(1) of the *Sentencing Act 1995*. (3) The CEO’s duty under this section in respect of a prisoner is in addition to any duty under section 11A in respect of the prisoner unless the Board, having received a prisoner management report under section 11A in respect of the prisoner, directs the CEO not to comply with this section. [Section 17 amended: No. 41 of 2006 s. 15.] [**18.** Deleted: No. 41 of 2006 s. 16.] ### Division 3 — Parole in case of parole term ##### 19. Term used: prisoner prisoner means a prisoner serving a parole term. ##### 20. Board may parole prisoner (1) Before the day when, under section 93(1) of the *Sentencing Act 1995*, a prisoner is eligible to be released on parole, the Board must consider whether the prisoner should be released on parole. (2) If the Board, having regard to — (aa) the requirements of sections 66B(1) and 66G(1); and (a) the release considerations relating to a prisoner; and (b) any report made by the CEO under section 17; and (c) any other information about the prisoner brought to its attention, decides that it is appropriate to release the prisoner on parole, it must make a parole order in respect of the prisoner. (3) The release date in the order is that set by the Board, but it must not be earlier than the day when, under section 93(1) of the *Sentencing Act 1995*, the prisoner is eligible to be released on parole. (4) The parole period in the order is the period that begins on the day when the prisoner is released and ends when the parole term ends. (5) If the Board decides it is not appropriate to release a prisoner on parole, it is not precluded from subsequently reconsidering whether the prisoner should be released on parole. [Section 20 amended: No. 41 of 2006 s. 17; No. 2 of 2018 s. 6; No. 14 of 2022 s. 11.] [**21.** Deleted: No. 41 of 2006 s. 18.] ### Division 4 — Parole in case of short term ##### 22. Application of Division (1) This Division applies to a prisoner if and only if — (a) the prisoner is serving one term and that term is less than 6 months and is not a prescribed term or a term in respect of which a parole eligibility order has been made; or (b) the aggregate of terms the prisoner is serving or is yet to serve is less than 6 months and neither or none of them is a prescribed term or a term in respect of which a parole eligibility order has been made. (2) If subsection (1)(b) applies, a reference in this Part or Part 5, or in section 85 of the *Sentencing Act 1995*, to the term of the prisoner is taken as being a reference to the aggregate of terms. [Section 22 amended: No. 41 of 2006 s. 19; No. 45 of 2016 s. 23.] ##### 23. Board may parole prisoner prescribed prisoner means a prisoner who — (a) is serving a term for a serious offence; or (b) was released, whether on parole or otherwise, from serving a term for a serious offence on a date in the 5 years preceding the commencement of the term that the prisoner is serving; or (c) was subject to an early release order that was made under this Act or the *Sentence Administration Act 1995* 2 and that was cancelled under this Act or that Act on a date in the 2 years preceding the commencement of the term that the prisoner is serving. (2) A prisoner is eligible to be released on parole — (a) if he or she is serving a term for a prescribed offence, when he or she has served the greater of — (i) the mandatory minimum sentence applicable to the offence; or (ii) one‑half of his or her term; or (b) if he or she is serving a term for 2 or more prescribed offences, when he or she has served the greater of — (i) the aggregate of the mandatory minimum sentences applicable to each of those prescribed offences; or (ii) one‑half of his or her term; or (c) in any other case, when he or she has served one‑half of his or her term. (2a) In making a decision under this section in respect of a prisoner, the Board must have regard to — (aa) the requirements of sections 66B(1) and 66G(1); and (a) the release considerations relating to the prisoner; and (b) any report made by the CEO under section 17; and (c) any other information about the prisoner brought to its attention. (3) Subject to sections 10, 66B(1) and 66G(1), the Board — (a) may, in the case of a prescribed prisoner; and (b) must, in any other case, make a parole order in respect of the prisoner. (4) In the case of a parole order made under subsection (3)(a), the release date in the order is that set by the Board, but it must not be earlier than the day when, under subsection (2), the prisoner is eligible to be released on parole. (5) In the case of a parole order made under subsection (3)(b), the release date is to be the day when, under subsection (2), the prisoner is eligible to be released on parole. (5a) Despite subsection (5), the Board may defer the release date of a parole order by up to 7 days if transport arrangements cannot be made for the prisoner on the day when the prisoner is eligible for release. (5b) Despite subsection (5), the Board does not have to make a parole order under subsection (3)(b) while the prisoner is required to be kept in custody in respect of another matter. (6) The parole period in a parole order made under subsection (3) is the period that begins on the day when the prisoner is released and ends when the term ends. (7) A parole order made under subsection (3) must specify whether it is supervised or unsupervised. [(8) deleted] (9) The following provisions do not apply to a parole order (unsupervised) — (a) section 28(1)(b); (b) section 29; (c) section 30; (d) section 31; (e) section 37; (f) Division 9. (10) If the Board decides it is not appropriate to release a prisoner under subsection (3)(a), the Board is not precluded from subsequently reconsidering whether the prisoner should be released on parole. [Section 23 amended: No. 41 of 2006 s. 20; No. 6 of 2014 s. 9; No. 2 of 2018 s. 7; No. 14 of 2022 s. 12.] [**24.** Deleted: No. 45 of 2016 s. 24.] ### Division 5 — Parole in case of life or indefinite imprisonment [Heading amended: No. 29 of 2008 s. 39(7).] ##### 25. Life imprisonment, Governor may parole prisoner prisoner means any of the following prisoners — (a) a prisoner serving life imprisonment for murder where — (i) a minimum period has been set under section 90(1)(a) of the *Sentencing Act 1995* and the prisoner has served that minimum period; or (ii) the prisoner was sentenced before 4 November 1996; (b) a prisoner serving life imprisonment for an offence other than murder where — (i) the prisoner has served the period required by section 96(1) of the *Sentencing Act 1995*; or (ii) the prisoner was sentenced before 4 November 1996. (1A) The Governor may make a parole order in respect of a prisoner but only if a report about the prisoner has been given by the Board to the Minister under section 12 or 12A. (2) The release date in the order is that set by the Governor. (3) The parole period in the order is to be set by the Governor and must be at least 6 months and not more than 5 years. [Section 25 amended: No. 41 of 2006 s. 22; No. 29 of 2008 s. 39(8); No. 45 of 2016 s. 11.] [**26.** Deleted: No. 29 of 2008 s. 39(9).] ##### 27. Indefinite imprisonment, Governor may parole prisoner (1) The Governor may make a parole order in respect of a prisoner sentenced to be imprisoned indefinitely but only if a report about the prisoner has been given by the Board under section 12 or 12A. (2) The release date in the parole order is that set by the Governor. (3) The parole period in the parole order is to be set by the Governor and must be at least 6 months and not more than 5 years. [Section 27 amended: No. 41 of 2006 s. 22.] ### Division 5A — Releasing prisoners during the Governor’s pleasure [Heading inserted: No. 41 of 2006 s. 23.] ##### 27A. Operation of this Division The powers in this Division are in addition to the power of the Governor to at any time release a Governor’s pleasure detainee. [Section 27A inserted: No. 41 of 2006 s. 23; amended: No. 45 of 2016 s. 12.] ##### 27B. Release may be by parole order (1) The release by the Governor of a person who is a Governor’s pleasure detainee may, if the Governor thinks fit, be by means of a parole order made by the Governor. (2) The parole order may not be made unless a report about the person has been given by the Board under section 12 or 12A. (3) The release date is that set by the Governor. (4) The parole period in the order is to be set by the Governor and must be at least 6 months and not more than 5 years. (5) The Minister must cause a copy of every parole order made in respect of a person described in subsection (1) and a written explanation of the circumstances giving rise to it to be tabled in each House of Parliament within 15 sitting days of that House after it is made. [Section 27B inserted: No. 41 of 2006 s. 23; amended: No. 29 of 2008 s. 39(10) ; No. 45 of 2016 s. 13.] ### Division 6 — Parole orders ##### 28. Parole order, nature of (1) A parole order is an order that on a release date specified in the order a prisoner is to be released on parole for a parole period specified in the order if he or she — (a) acknowledges in writing that he or she understands the general effect of Part 5 Divisions 2 and 3 should the order be cancelled; and (b) gives a written undertaking that during the parole period specified in the order he or she will comply with — (i) the standard obligations in section 29; and (ii) any of the additional requirements in section 30 that are specified in the parole order. [Section 28 amended: No. 41 of 2006 s. 24.] ##### 29. Parole order, standard obligations The standard obligations of a parole order are that the prisoner — (a) must report to a community corrections centre within 72 hours after being released, or as otherwise directed by a CCO; and (b) must notify a CCO of any change of address or place of employment within 2 clear working days after the change; and (c) must comply with section 76. ##### 30. Additional requirements for parole order (1) A parole order may contain such of these additional requirements as the Board or the Governor (as the case may be) thinks fit — (a) a requirement as to where the prisoner must reside; (b) requirements to protect any victim of a prisoner from coming into contact with the prisoner; (c) a requirement that the prisoner wear an approved electronic monitoring device; (d) a requirement that the prisoner permit the installation of an approved electronic monitoring device at the place where the prisoner resides; (e) a requirement that, if the CEO so directs, the prisoner — (i) wear an approved electronic monitoring device; or (ii) permit the installation of an approved electronic monitoring device at the place where the prisoner resides; or (iii) charge the approved electronic monitoring device so as to ensure the device is at all times operational; or (iv) not enter 1 or more areas of the State stated in a written notice given to the prisoner by the CEO; (f) a requirement that the prisoner must not leave Western Australia except with and in accordance with the written permission of the CEO; (g) requirements to facilitate the prisoner’s rehabilitation; (h) a requirement that the prisoner must, in each period of 7 days, do the prescribed number of hours of community corrections activities; (i) a requirement that the prisoner must — (i) seek or engage in gainful employment or in vocational training; or (ii) engage in gratuitous work for an organisation approved by the CEO; (ia) a curfew requirement that the prisoner must remain at a specified place for a specified period not exceeding 12 hours in any period of 24 hours; (ib) a requirement that the prisoner must not frequent or visit a specified place or area; (j) prescribed requirements. (2) A person on whom a requirement is imposed under subsection (1)(c), (d) or (e)(i), (ii) or (iii) must comply with the requirement. (3) A person on whom a requirement is imposed under subsection (1)(e)(iv) must comply with the requirement, unless the person has a reasonable excuse. (4) Subsection (7) applies if the parole order relates to — (a) a prisoner — (i) who has been serving imprisonment for a family violence offence (category A); and (ii) who is bound by a family violence restraining order; or (b) a prisoner — (i) who has been serving imprisonment for a family violence offence (category B); and (ii) who is a serial family violence offender. (5) In subsection (4)(a)(i) a reference to a prisoner who has been serving imprisonment for a family violence offence (category A) is a reference to a prisoner — (a) who has been serving a fixed term for a family violence offence (category A); or (i) has been serving a fixed term for an offence or offences other than a family violence offence (category A); and (ii) has been serving that term at all times since completing a fixed term for a family violence offence (category A). (6) In subsection (4)(b)(i) a reference to a prisoner who has been serving imprisonment for a family violence offence (category B) is a reference to a prisoner — (a) who has been serving a fixed term for a family violence offence (category B); or (i) has been serving a fixed term for an offence or offences other than a family violence offence (category B); and (ii) has been serving that term at all times since completing a fixed term for a family violence offence (category B). (7) The Board or the Governor (as the case may be) must impose a requirement under subsection (1)(c), (d) or (e), unless the Board or Governor is satisfied there are exceptional circumstances. [Section 30 amended: No. 41 of 2006 s. 25; No. 49 of 2016 s. 111; No. 13 of 2020 s. 16; No. 30 of 2020 s. 34; No. 28 of 2024 s. 51.] [Section 30. Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009. See endnote 1M.] ##### 31. CEO to ensure parolee is supervised during supervised period (1) Unless the parole order is a parole order (unsupervised), the CEO must ensure that during the parole period of a parole order a CCO is assigned to supervise the prisoner. (2) However, if at any time the CEO is satisfied that — (a) the prisoner is complying with his or her undertaking in a satisfactory manner; and (b) the risk of the prisoner re‑offending if not subject to supervision by a CCO is minimal, the CEO may recommend to the Board that the prisoner no longer be supervised by a CCO. (3) If the CEO makes a recommendation under subsection (2), the Board may direct the CEO that the prisoner need no longer be supervised during the parole period and the CEO may cease the supervision of the prisoner. (4) If the CEO ceases the supervision of a prisoner, the CEO is to inform the prisoner. (5) The fact that a prisoner ceases to be under supervision does not affect the prisoner’s duty to obey the requirements of his or her undertaking during the parole period. (6) The Board at any time may cancel a direction given to the CEO under subsection (3). [Section 31 amended: No. 41 of 2006 s. 26.] ### Division 7 — Parole orders, general provisions ##### 32. Parole order may relate to more than one term A parole order may relate to more than one term. ##### 33. Prisoner may refuse to be released on parole (1) A parole order is not to be made in respect of a prisoner if the prisoner has given written notice that he or she does not want to be released on parole. (3) The written notice must be given to the Board which, if the parole order is to be made by the Governor, must forward it to the Minister. [Section 33 amended: No. 41 of 2006 s. 27.] ##### 34. Prisoner’s acknowledgment or undertaking A prisoner must give the written acknowledgment or undertaking required by a parole order, or both, on or before the release date specified in it and if he or she does not, the parole order is to be taken as having been cancelled. ##### 35. Making parole order after refusal by prisoner (1) If — (a) a parole order was not made in respect of a prisoner because the prisoner gave notice under section 33(1); or (b) a parole order was cancelled by the operation of section 34, and the prisoner subsequently gives written notice that he or she wants to be released on parole and is prepared to give the written acknowledgment or undertaking or both, the Board or the Governor (as the case may be) may then make a parole order. (3) The written notice must be given to the Board which, if the parole order is to be made by the Governor, must forward it to the Minister. (4) The release date in a parole order made under subsection (1) is that set by the Board or the Governor (as the case may be). (5) If the parole order is to be made in respect of a parole term, then section 20(4) applies. (6) If Division 4 applies to the prisoner, then section 23(6) applies. [Section 35 amended: No. 41 of 2006 s. 28.] ### Division 8 — Amendment of parole orders ##### 36. Amending before release A parole order may be amended after it is made and before the prisoner concerned is released under it — (a) by the Board, if it was made by the Board; or [(b) deleted] (c) by the Governor or the Board, if it was made by the Governor. [Section 36 amended: No. 41 of 2006 s. 29.] ##### 37. Amending during parole period (1) The Board may, at any time during the parole period of a parole order, amend the parole order, irrespective of whether it was made by the Board or by the Governor. (3) If a parole order is amended, the amended order applies accordingly. [Section 37 amended: No. 41 of 2006 s. 30.] ### Division 9 — Suspension of parole orders ##### 38. Suspension by CEO (1) The CEO may, at any time during the parole period of a parole order, suspend the parole order, irrespective of whether it was made by the Board or by the Governor. (2) Written notice of the decision to suspend is to be given by the CEO to the Board within 3 working days after the decision and in any event before the end of the parole period. (3) The written notice must include reasons for the decision. [Section 38 amended: No. 41 of 2006 s. 31.] ##### 39. Suspension by Board (1) The Board may, at any time during the parole period of a parole order, suspend the parole order, irrespective of whether it was made by the Board or by the Governor. (2) Subsection (1) does not apply to a parole order (unsupervised). [Section 39 amended: No. 41 of 2006 s. 32.] ##### 40. Period of suspension (1) If under section 38 the CEO, or under section 39 the Board, suspends a parole order made by the Board or the Governor — (a) the Board is to set the period of suspension; and (b) the period of suspension may be for a fixed or indefinite period, as the Board thinks fit; and (c) the Board may cancel the suspension at any time before the suspension period ends. [Section 40 amended: No. 41 of 2006 s. 33.] ##### 41. Suspension, effect on other parole orders When a parole order is suspended any parole order applicable to the prisoner when the order is suspended is suspended by virtue of this section, irrespective of whether it had taken effect or not. [**42.** Deleted: No. 41 of 2006 s. 34.] ### Division 10 — Cancellation of parole orders ##### 43. Cancellation before release (1) A parole order may be cancelled after it is made and before the prisoner concerned is released under it — (a) by the Board, if it was made by the Board; or (b) by the Governor or the Board, if it was made by the Governor. [Section 43 amended: No. 41 of 2006 s. 35.] ##### 44. Cancellation after release (1) The Board may cancel a parole order made by the Board or the Governor at any time during the parole period. [(2), (3) deleted] (4) Except as provided in section 67A, if the parole order is a parole order (unsupervised), the Board’s power to cancel cannot be exercised unless, during the parole period, the prisoner is charged with or is convicted of an offence. [Section 44 amended: No. 41 of 2006 s. 36; No. 14 of 2022 s. 13.] [**45.** Deleted: No. 41 of 2006 s. 37.] ##### 46. Cancellation, effect on other parole orders If under section 43 or 44 a parole order is cancelled, any parole order applicable to the prisoner when the order is cancelled is cancelled by virtue of this section, irrespective of whether it had taken effect or not. ### Division 11 — Miscellaneous [**47.** Deleted: No. 41 of 2006 s. 38.] ##### 48. Parole ordered by Governor, Minister to be advised of amendment, suspension or cancellation (1) If in respect of a prisoner subject to a parole order made by the Governor — (a) under section 31, the Board — (i) directs the CEO that the prisoner need no longer be supervised; or (ii) cancels such a direction; or (b) under section 36 or 37, the order is amended; or (c) under Division 9, the order is suspended and the suspension is not cancelled by the Board within 30 days afterwards; or (d) under Division 10 or section 67A, the order is cancelled, the Board must give the Minister as soon as practicable — (e) written notice of and reasons for the decision; and (ea) a summary of the grounds and any submissions in an application for a review made by the prisoner under section 115A; and (f) if the parole order has been cancelled, a report containing a recommendation as to whether or not the Governor should be advised to again exercise the power to release the prisoner on parole. (2) The Governor may cancel a decision referred to in subsection (1). [Section 48 amended: No. 41 of 2006 s. 39; No. 14 of 2022 s. 14.] ##### 49. Resolution of doubtful cases (1) If a doubt or difficulty arises to which this section applies and neither this Act nor the *Sentencing Act 1995* nor the *Sentencing Legislation Amendment and Repeal Act 2003* makes adequate provision for it, the CEO may apply in a summary way to a judge of the Supreme Court for an order resolving the doubt or difficulty. (2) On such an application the judge may make any order he or she considers just and for that purpose may make a declaration as to — (a) the length of any term, any part of a term, or any parole period; or (b) any date relevant to a sentence of imprisonment or to the parole or release of a prisoner; or (c) the manner in which the Board or the CEO is to determine such matters. (3) This section applies to doubts or difficulties as to — (a) the effect of any sentence of imprisonment, including the date it commences, how it is served in relation to other such sentences, when it ends, and when it has been or has been deemed to have been served; or (b) any matter relating to parole, including the date when a prisoner is eligible to be released on parole, the parole period applicable in any case and the effect of the suspension or cancellation of parole; or (c) the term to be served by a prisoner who escapes from lawful custody, irrespective of when the sentence was imposed. [Section 49 amended: No. 41 of 2006 s. 40.] ## Part 4 — Re‑entry release orders ##### 50. Certain prisoners may apply to Board for RRO A prisoner may apply to the Board to be released under a re‑entry release order if — (a) he or she is not serving a parole term; and (b) he or she is not serving life imprisonment or indefinite imprisonment; and (ca) he or she is not subject to an order made under the *High Risk Serious Offenders Act 2020* section 48(1)(a); and (c) he or she is not a person referred to in section 27B(1); and (d) at the release date that would be specified in the RRO if it were made, he or she will have been in custody under sentence for a continuous period of at least 12 months; and (e) within 6 months after the release date that would be specified in the RRO if it were made, he or she would in any event be eligible for release. [Section 50 amended: No. 41 of 2006 s. 41; No. 29 of 2008 s. 39(11); No. 17 of 2016 s. 52; No. 29 of 2020 s. 105.] ##### 51. CEO to report to Board about RRO applicants (1) The CEO must report to the Board about every prisoner who applies to be released under an RRO. (2) A report by the CEO under subsection (1) must be given to the Board as soon as practicable after a prisoner applies to be released under an RRO. (3) A report by the CEO under subsection (1) must address the release considerations relating to the prisoner. [Section 51 amended: No. 41 of 2006 s. 42.] ##### 52. Board may make RRO (1) The Board must consider the case of every prisoner who applies to be released under an RRO and may, in respect of such a prisoner — (a) make an RRO to come into effect on a date specified by the Board; or (b) defer the making of an RRO; or (c) refuse to make an RRO. (2) When deciding whether or not to make an RRO in respect of the prisoner the Board is to have regard to the requirements of sections 66B(1) and 66G(1) and the release considerations relating to a prisoner. (3) In particular the Board must have regard to whether the personal safety of people in the community or of any individual in the community would be better assured if the prisoner were released under an RRO instead of at the time when he or she would otherwise have to be released. [(4) deleted] (5) An RRO may relate to more than one term. [Section 52 amended: No. 41 of 2006 s. 43; No. 2 of 2018 s. 8; No. 14 of 2022 s. 15.] [**53.** Deleted: No. 41 of 2006 s. 44.] ##### 54. RRO, nature of (1) An RRO is an order that on a release date specified in the order a prisoner is to be released if he or she — (a) acknowledges in writing that he or she understands the general effect of Part 5 Divisions 2 and 3 should the order be cancelled; (b) gives a written undertaking that while the RRO is in force he or she will comply with — (i) the standard obligations in section 55; and (ii) such of the primary requirements in section 56 as the RRO contains; and (iii) any additional requirements imposed by the Board under section 57. (2) An RRO ceases to be in force when the period of the RRO ends, or when it is cancelled, whichever happens first. (3) The period of an RRO is the period — (a) beginning on the day when the prisoner is released under the RRO; and (b) ending on the date when under section 95 of the *Sentencing Act 1995*, the prisoner must be released. (4) A prisoner who is released under an RRO is nevertheless still subject to the sentence or sentences of imprisonment to which the RRO relates. [Section 54 amended: No. 41 of 2006 s. 45.] ##### 55. RRO, standard obligations The standard obligations of an RRO are that the prisoner — (a) must report to a community corrections centre within 72 hours after being released, or as otherwise directed by a CCO; and (b) must, in each period of 7 days, do the prescribed number of hours of community corrections activities; and (c) must not leave the State; and (d) must not change address or place of employment without the prior permission of a CCO; and (e) must comply with section 76. [Section 55. Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009. See endnote 1M.] ##### 56. RRO, primary requirements (1) Every RRO must contain at least one of these primary requirements — (a) a requirement that the prisoner must — (i) seek or engage in gainful employment or in vocational training; or (ii) engage in gratuitous work for an organisation approved by the CEO; (b) a requirement that the prisoner must engage in activities, as ordered by a CCO, that will facilitate the prisoner’s re‑entry into the community after being released from custody. (2) If a requirement under subsection (1)(b) is included in an RRO, a CCO may give the prisoner any reasonable order that the CCO considers will facilitate the prisoner’s re‑entry into the community, including but not limited to the following — (a) an order to attend educational, vocational, or personal development programmes or courses; (b) an order to undergo counselling in relation to behavioural matters. ##### 57. RRO, additional requirements (1) The Board may impose such additional requirements as it thinks fit in an RRO. (2) Without limiting subsection (1), additional requirements may include — (a) a requirement that the prisoner wear an approved electronic monitoring device; or (b) a requirement that the prisoner permit the installation of an approved electronic monitoring device at the place where the prisoner resides; or (c) a requirement that the prisoner charge the approved electronic monitoring device so as to ensure the device is at all times operational; or (d) a requirement that the prisoner not enter 1 or more areas of the State stated in a written notice given to the prisoner by the Board; or (e) a curfew requirement that the prisoner must remain at a specified place for a specified period not exceeding 12 hours in any period of 24 hours; or (f) a requirement that the prisoner must not frequent or visit a specified place or area. (3) A person on whom a requirement is imposed under subsection (2)(a), (b) or (c) must comply with the requirement. (4) A person on whom a requirement is imposed under subsection (2)(d) must comply with the requirement, unless the person has a reasonable excuse. (5) Subsection (8) applies if — (a) the prisoner — (i) has been serving imprisonment for a family violence offence (category A); and (ii) is bound by a family violence restraining order; or (b) the prisoner — (i) has been serving imprisonment for a family violence offence (category B); and (ii) is a serial family violence offender. (6) In subsection (5)(a)(i) a reference to a prisoner who has been serving imprisonment for a family violence offence (category A) is a reference to a prisoner — (a) who has been serving a fixed term for a family violence offence (category A); or (i) has been serving a fixed term for an offence or offences other than a family violence offence (category A); and (ii) has been serving that term at all times since completing a fixed term for a family violence offence (category A). (7) In subsection (5)(b)(i) a reference to a prisoner who has been serving imprisonment for a family violence offence (category B) is a reference to a prisoner — (a) who has been serving a fixed term for a family violence offence (category B); or (i) has been serving a fixed term for an offence or offences other than a family violence offence (category B); and (ii) has been serving that term at all times since completing a fixed term for a family violence offence (category B). (8) The Board must impose a requirement referred to in subsection (2)(a), (b), (c) or (d), unless the Board is satisfied there are exceptional circumstances. [Section 57 amended: No. 13 of 2020 s. 17; No. 30 of 2020 s. 35; No. 28 of 2024 s. 52.] ##### 58. Prisoner’s undertaking (1) A prisoner must give the written acknowledgment and undertaking required by section 54 on or before the release date specified in the RRO and if he or she does not, the RRO is to be taken as having been cancelled. (2) If an RRO is cancelled by the operation of subsection (1) and the prisoner subsequently gives the Board written notice that he or she is prepared to give the required written acknowledgment and undertaking, the Board, if it thinks fit, may then make an RRO. ##### 59. CEO to ensure prisoner is supervised during RRO (1) The CEO must ensure that during the period of an RRO a CCO is assigned to supervise the prisoner. (2) However, if at any time the CEO is satisfied that — (a) the prisoner is complying with his or her undertaking in a satisfactory manner; and (b) the risk of the prisoner re‑offending if not subject to supervision by a CCO is minimal, the CEO may recommend to the Board that the prisoner no longer be supervised by a CCO. (3) If the CEO makes a recommendation under subsection (2), the Board may direct the CEO that the prisoner need no longer be supervised during the period of the RRO and the CEO may cease the supervision of the prisoner. (4) If the CEO ceases the supervision of a prisoner the CEO is to inform the prisoner. (5) The fact that a prisoner ceases to be under supervision does not affect the prisoner’s duty to obey the requirements of his or her undertaking during the period of the RRO. (6) The Board may at any time cancel a direction given to the CEO under subsection (3). [**60.** Deleted: No. 41 of 2006 s. 46.] ##### 61. Suspension of RRO by Board or CEO (1) The Board or the CEO may suspend an RRO at any time during the period of the order. (2) The period of suspension may be for a fixed or indefinite period as the Board or the CEO (as the case may be) thinks fit. (3) Without limiting subsection (1), if a prisoner subject to an RRO is charged with or convicted of an offence, or if the CEO is satisfied that a prisoner has failed to comply with a requirement of an RRO, the CEO may do either or both of the following — (a) suspend the RRO; (b) refer the prisoner’s case to the Board for consideration. (4) If the CEO suspends the RRO of a prisoner who is charged with an offence the CEO must, when the charge has been determined — (a) if the prisoner is not convicted of the charge — cancel the suspension; or (b) if the prisoner is convicted of the charge — (i) cancel the suspension; or (ii) suspend the order for a further period; or (iii) refer the prisoner’s case to the Board for consideration. (5) If the CEO suspends an RRO for a fixed period of one month or more, or if an indefinite suspension extends for a month, the CEO must refer the prisoner’s case to the Board to consider. (6) If the CEO suspends an RRO and the prisoner’s case is not referred to the Board, the CEO may cancel the suspension of the RRO at any time before the suspension ends. (7) If the Board suspends an RRO, it may cancel the suspension at any time before the suspension ends. (8) If the case of a prisoner is referred to the Board, the Board may vary the suspension period of or cancel the CEO’s suspension order, or cancel the RRO. [**62.** Deleted: No. 41 of 2006 s. 47.] ##### 63. Cancellation of RRO by Board (1) The Board may cancel an RRO at any time during the period of the order. (2) Without limiting subsection (1) or affecting the operation of section 67 the Board may cancel an RRO if, during the period of the order, the prisoner is charged with or is convicted of an offence. [**64.** Deleted: No. 41 of 2006 s. 48.] ## Part 5 — Provisions applying to early release orders ### Division 1 — General ##### 65. Period of early release order counts as time served If during the period of an early release order — (a) the prisoner does not commit an offence (in this State or elsewhere) for which he or she is sentenced to imprisonment (whether the sentence is imposed during or after that period); and (b) the early release order is not cancelled, then the period of the early release order is to be taken as time served in respect of the term or terms to which the early release order relates. ##### 66. Prisoner under sentence until discharged (1) Subject to this Part, a person sentenced to imprisonment and released under an early release order remains under and subject to that sentence until discharged from it. (2) Subject to this Part, a person sentenced to imprisonment is discharged from the sentence — (a) if released under a parole order — at the end of the parole period; or (b) if released under an RRO — at the end of the period of the RRO unless the sentence is a parole term. (3) Subsections (1) and (2) do not affect the operation of section 65 and Divisions 2 and 3. ### Division 1A — Homicide offence or homicide related offence [Heading inserted: No. 2 of 2018 s. 9.] ##### 66A. Terms used homicide offence means an offence of — (a) murder; or (b) manslaughter; or (c) infanticide under *The Criminal Code* section 287A as in force before the commencement of the *Criminal Law Amendment (Homicide) Act 2008* section 13; homicide related offence means any of the following offences, if the offence relates to the death of a person — (a) counselling or procuring the commission of a homicide offence; or (b) inciting another person to commit a homicide offence; or (c) becoming an accessory after the fact to a homicide offence; or (d) conspiring with another person to commit a homicide offence; release action means making a parole order under section 23(3)(b) in respect of a prisoner; release decision means — (a) a decision to recommend, in a report given under section 12 or 12A, that a prisoner be released; or (b) a decision under section 20(2) that it is appropriate to release a prisoner on parole; or (c) a decision under section 23(3)(a) to make a parole order in respect of a prisoner; or (d) a decision under section 52(1) to make an RRO in respect of a prisoner; relevant prisoner means — (a) a person serving a sentence for a homicide offence or homicide related offence; or (b) a person subject to a sentence of detention imposed under *The Criminal Code* section 279(5)(b); or (c) a person in, or regarded as being in, strict or safe custody by virtue of an order under *The Criminal Code* section 282 (repealed by the *Criminal Law Amendment (Homicide) Act 2008* section 10); or (d) a person subject to a direction or sentence under *The Criminal Code* section 661 or 662 (repealed by the *Sentencing (Consequential Provisions) Act 1995* section 26) where at least one of the offences referred to in *The Criminal Code* section 661 or 662 was a homicide offence or homicide related offence; remains of the victim, in relation to a homicide offence, means the remains of the person against whom the homicide offence was committed. [Section 66A inserted: No. 2 of 2018 s. 9.] ##### 66B. Board not to release or recommend release unless prisoner cooperates or victim’s remains located (1) The Board must not make a release decision, or take release action, in relation to a relevant prisoner in custody for a homicide offence or homicide related offence unless the Board is satisfied that — (a) the prisoner has cooperated with a member of the Police Force in the identification of the location, or last known location, of the remains of the victim of the homicide offence; or (b) a member of the Police Force knows the location of the remains of the victim of the homicide offence. (2) The Board may be satisfied under subsection (1)(a) in relation to a relevant prisoner in custody for a homicide offence or homicide related offence even if the prisoner did not cooperate — (a) before being sentenced for the offence; or (b) before the determination of an appeal against the conviction or sentence for the offence. (3) The Board must, when deciding whether it is satisfied under subsection (1)(a), take into account any information the Board has about the prisoner’s mental capacity to provide relevant information or evidence. (4) This section applies to a decision or action in relation to a relevant prisoner in custody for a homicide offence or homicide related offence whether the offence was committed before, on or after the day on which the *Sentence Administration Amendment Act 2018* section 9 comes into operation. [Section 66B inserted: No. 2 of 2018 s. 9.] ##### 66C. Commissioner of Police report (1) On each occasion on which the Board is required to consider whether to make a release decision, or take release action, in relation to a relevant prisoner in custody for a homicide offence or homicide related offence, the Board must make a written request to the Commissioner of Police for a written report. (2) The Board does not have to request a report if the Board is already satisfied that a member of the Police Force knows the location of the remains of the victim of the homicide offence. (3) The report must deal with each of the following matters — (a) in relation to the prisoner’s cooperation described in section 66B(1)(a) — (i) the nature and extent of the prisoner’s cooperation; and (ii) the timeliness of the prisoner’s cooperation; and (iii) the truthfulness, completeness and reliability of any information or evidence provided by the prisoner; and (iv) the significance and usefulness of the prisoner’s cooperation; and (v) to the extent known to the Commissioner of Police, the prisoner’s mental capacity to provide relevant information or evidence; (b) whether a member of the Police Force knows the location of the remains of the victim of the homicide offence. (4) The Commissioner of Police must give the Board the report within a reasonable period of time after receiving the request. (5) If the Board requests a report the Board must, when deciding whether it is satisfied for the purposes of section 66B(1), take into account the matters referred to in subsection (3) as dealt with in the report. [Section 66C inserted: No. 2 of 2018 s. 9.] ### Division 1B — Prisoners with links to terrorism or subject to Commissioner of Police reports #### Subdivision 1 — Preliminary ##### 66D. Terms used release action means making a parole order under section 23(3)(b) in respect of a prisoner; release decision means — (a) a decision under section 20(2) that it is appropriate to release a prisoner on parole; or (b) a decision under section 23(3)(a) to make a parole order in respect of a prisoner; or (c) a decision under section 52(1)(a) to make an RRO in respect of a prisoner. [Section 66D inserted: No. 14 of 2022 s. 16.] #### Subdivision 2 — Early release orders in cases of prisoners with links to terrorism ##### 66E. References to Board In this Subdivision, a reference to the Board is a reference to the Board as constituted by the chairperson alone. [Section 66E inserted: No. 14 of 2022 s. 16.] ##### 66F. Additional release considerations In this Subdivision, a reference to the additional release considerations relating to a prisoner is a reference to the following considerations — (a) the degree of risk (having regard to any likelihood of the prisoner committing a terrorism offence if subject to an early release order and the likely nature and seriousness of any such offence) that the release of the prisoner would appear to present to the personal safety of people in the community or of any individual in the community; (b) if the prisoner has made statements or carried out activities that support, or advocate support for, terrorist acts — the nature and seriousness of the statements made or activities carried out; (c) if the prisoner is sentenced for a terrorism offence — any remarks made by the court that sentenced the prisoner that are relevant to the matters referred to in paragraphs (a) and (b); (d) if the prisoner is, or was, subject to an interim control order or confirmed control order relating to a terrorism offence — (i) any remarks made by the court that made the order that are relevant to the matters referred to in paragraphs (a) and (b); and (ii) the behaviour of the prisoner while subject to the order; (e) the behaviour of the prisoner when in custody to the extent that it may be relevant to the matters referred to in paragraphs (a) and (b); (f) whether the prisoner has participated in any programme or activity that addresses the prisoner’s risk of committing a terrorism offence and the prisoner’s performance in the programme or activity; (g) whether the prisoner is, or was, associated with 1 or more persons who have made statements or carried out activities that support, or advocate support for, terrorist acts, and the nature of the association. [Section 66F inserted: No. 14 of 2022 s. 16.] ##### 66G. Making early release orders (1) The Board must not make a release decision, or take release action, in respect of a prisoner with links to terrorism unless the Board is satisfied that there are exceptional reasons why the prisoner should be released. (2) The Board must, in making any decision or taking any action for the purposes of subsection (1), have regard to all of the following — (a) the requirements of section 66B(1); (b) the release considerations relating to the prisoner; (c) the additional release considerations relating to the prisoner; (d) any report about the prisoner made by the CEO under section 17; (e) the Commissioner of Police report about the prisoner; (f) any other information about the prisoner brought to the attention of the Board. (3) Subsection (2) does not limit the matters that the Board may have regard to in making a decision or taking action for the purposes of subsection (1), including, for example, a report, advice or professional services provided by a person appointed under section 107A. (4) Despite subsections (2) and (3), the Board must not have regard to a Commissioner of Police report about the prisoner if the report has been withdrawn under section 66I(2). [Section 66G inserted: No. 14 of 2022 s. 16.] ##### 66H. Commissioner of Police reports (1) If the Board is required to consider whether to make a release decision, or take release action, in respect of a category 1 prisoner, the Board must make a written request to the Commissioner of Police for a written report about the prisoner. (2) The report must deal with the additional release considerations relating to the prisoner to the extent that the information is within the knowledge of the Commissioner of Police and may — (a) include any other information that the Commissioner of Police considers is, or may be, relevant to whether the prisoner should be released; and (b) declare that some or all of the information in the report is, in the opinion of the Commissioner of Police, terrorist intelligence information. (3) The Commissioner of Police must give to the Board the report within a reasonable period after receiving the request. (4) The Commissioner of Police may give to the Board a written report dealing with the matters referred to in subsection (2) in relation to any other prisoner. [Section 66H inserted: No. 14 of 2022 s. 16.] ##### 66I. Withdrawing Commissioner of Police reports (1) This section applies if the Board, as constituted by the chairperson alone — (a) is satisfied that a prisoner subject to a Commissioner of Police report is not a prisoner with links to terrorism; or (b) after consulting with the Commissioner of Police, is satisfied that a Commissioner of Police report about a prisoner does not include terrorist intelligence information. (2) Before the Board makes a release decision or takes release action in respect of the prisoner, the Board, as constituted by the chairperson alone, must give the Commissioner of Police an opportunity to withdraw the report. (3) If the report is withdrawn under subsection (2), the Board — (a) must not have regard to the report for the purposes of making the release decision or taking the release action in respect of the prisoner; and (b) must prohibit the publication of, or a reference to, the report. [Section 66I inserted: No. 14 of 2022 s. 16.] #### Subdivision 3 — Early release orders for other prisoners subject to Commissioner of Police reports ##### 66J. Term used: prisoner In this Subdivision — prisoner does not include a prisoner with links to terrorism. [Section 66J inserted: No. 14 of 2022 s. 16.] ##### 66K. Releasing prisoners subject to Commissioner of Police report on parole (a) the Board is required to consider whether to release a prisoner on parole under section 20(1); and (b) the prisoner is subject to a Commissioner of Police report that the Board, as constituted by the chairperson alone, is satisfied includes terrorist intelligence information. (2) The Board, as constituted by the chairperson alone, must decide whether to release the prisoner in accordance with section 20. [Section 66K inserted: No. 14 of 2022 s. 16.] ##### 66L. Making parole order in respect of prisoner subject to Commissioner of Police report (a) the Board is required to decide whether to make a parole order in respect of a prisoner under section 23(3)(a); and (b) the prisoner is subject to a Commissioner of Police report that the Board, as constituted by the chairperson alone, is satisfied includes terrorist intelligence information. (2) The Board, as constituted by the chairperson alone, must decide whether to make the order in accordance with section 23. [Section 66L inserted: No. 14 of 2022 s. 16.] ##### 66M. Making RRO in respect of prisoners subject to Commissioner of Police report (a) the Board is required to consider whether to make, or defer the making of, an RRO in respect of a prisoner under section 52(1); and (b) the prisoner is subject to a Commissioner of Police report that the Board, as constituted by the chairperson alone, is satisfied includes terrorist intelligence information. (2) The Board, as constituted by the chairperson alone, must decide whether to make, or defer the making of, the RRO in accordance with section 52. [Section 66M inserted: No. 14 of 2022 s. 16.] ### Division 2 — Automatic cancellation ##### 67A. Cancellation automatic in case of prisoner with links to terrorism (2) The Board must cancel an early release order in respect of any of the following prisoners — (a) a prisoner who, during the period the prisoner is subject to the early release order — (i) is charged with, or convicted of, a terrorism offence; or (ii) is charged with, or convicted of, an offence against the *Commonwealth Criminal Code* section 80.2C(1); or (iii) becomes subject to an interim control order or confirmed control order; or (iv) becomes subject to a Commissioner of Police report and who the Board is satisfied has made statements or carried out activities that support, or advocate support for, terrorist acts; (b) a prisoner for whom, during the period the prisoner is subject to the early release order, an interim control order is being sought under the Commonwealth Criminal Code section 104.3(1); (c) a prisoner who the Board is satisfied — (i) at the time that the early release order in respect of the prisoner was made, was a category 1 prisoner or a category 2 prisoner; and (ii) in respect of whom, this fact was not known by the person who made the order at the time that the order was made. [Section 67A inserted: No. 14 of 2022 s. 17.] ##### 67. Cancellation automatic if prisoner imprisoned for offence committed on early release order (1) If a prisoner, while subject to an early release order, commits an offence (in this State or elsewhere) and is sentenced to imprisonment for that offence — (a) any early release order applicable to the prisoner when the offence was committed is cancelled by virtue of this section; and (b) any early release order made in respect of the prisoner on or after the date on which the offence was committed and before the sentence of imprisonment was imposed is cancelled by virtue of this section, irrespective of whether it had taken effect or not. (2) For the purposes of subsection (1) it does not matter if the sentence of imprisonment for the offence committed while subject to the early release order is imposed on the prisoner — (a) after the period of the order; or (b) after the date when, but for the cancellation of the order by virtue of subsection (1), the prisoner would have served or be taken to have served the term to which the order relates. ### Division 3 — Consequences of suspension and cancellation ##### 68. Suspension, effect of (1) If an early release order in respect of a prisoner serving a fixed term is suspended, the prisoner is then liable to resume serving the fixed term in custody and, unless the suspension ceases, is not entitled to be released until he or she has served the whole of that term. (2) If a parole order in respect of a prisoner serving life imprisonment is suspended, the prisoner is then liable to resume serving the sentence in custody. (3) The suspension of an early release order ceases at the end of the suspension period or when, before then, the suspension is cancelled. (4) When the suspension of an early release order ceases, the early release order and any other early release order taken to be suspended again have effect unless during the period of suspension the early release order was itself cancelled. (5) Nothing in this section prevents another early release order being made under this Act in respect of a prisoner. [Section 68 amended: No. 29 of 2008 s. 39(12).] ##### 69. Cancellation, effect of (1) If an early release order in respect of a prisoner serving a fixed term is cancelled after the prisoner is released under the order, the prisoner is then liable to resume serving the fixed term in custody and, subject to subsection (1b), is not entitled to be released until he or she has served the whole of that term. (1a) Subsection (1b) applies to a prisoner who resumes serving a fixed term in custody under subsection (1) if — (a) the early release order was an RRO; and (b) the fixed term is not a parole term and was imposed on or before 30 August 2003. (1b) Subject to Part 2 Division 2, a prisoner to whom this subsection applies is entitled to be released when he or she has served two‑thirds of the fixed term. (2) If a parole order in respect of a prisoner serving life imprisonment is cancelled after the prisoner is released under the order, the prisoner is then liable to resume serving the sentence in custody. (3) If a parole order in respect of a prisoner serving indefinite imprisonment is cancelled after the prisoner is released under the order, the prisoner is then liable to resume serving the indefinite imprisonment in custody. (4) If a parole order in respect of a person referred to in section 27B(1) is cancelled after the person is released under the order, the person is liable to be again kept in strict or safe custody at the Governor’s pleasure. (5) Subject to Division 4, this section does not prevent another early release order being made in respect of a prisoner. (6) For the purposes of this section, to calculate the length in days of two‑thirds of a fixed term imposed on or before 30 August 2003 — (a) determine the date on which the term as imposed by the court began and will end, and then express the term as a number of days (T); (b) then divide T by 3 and disregard any remainder; (c) then subtract that result from T and add to the result the number of days of remission that the prisoner has been ordered to forfeit under the *Prisons Act 1981* (if any). [Section 69 amended: No. 41 of 2006 s. 49; No. 29 of 2008 s. 39(13).] ##### 70. Returning prisoner to custody (1) When an early release order is suspended or cancelled, the warrant of commitment that relates to the sentence of imprisonment to which the early release order relates is again in force and the prisoner may be arrested and kept in custody under that warrant. (2) Despite subsection (1), if an early release order is suspended or cancelled as mentioned in subsection (1), a warrant to have the prisoner arrested and returned to custody may be issued, whenever necessary during the period of the order — (a) by a Supreme Court judge or a District Court judge; or (b) by the Board if it suspended or cancelled the order; or (c) by the CEO if the CEO suspended the order. (3) If a warrant under subsection (2) is issued because of the suspension of an early release order, the prisoner may be arrested, whether under that warrant or under the warrant of commitment referred to in subsection (1), at any time during the period of the order. (4) Notwithstanding section 65 or 74, if a warrant under subsection (2) is issued because of the cancellation of an early release order, the prisoner may be arrested, whether under that warrant or under the warrant of commitment referred to in subsection (1), at any time — (a) during or after the period of the order; or (b) after the date when, but for the cancellation of the order, the prisoner would have served or be taken to have served the term or terms to which the order relates. [Section 70 amended: No. 41 of 2006 s. 50.] [Section 70. Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009. See endnote 1M.] ##### 71. Clean street time counts as time served (1) Subject to subsection (2), if an early release order in respect of a prisoner serving a fixed term is cancelled after the prisoner is released under the order — (a) the period beginning on the day when the prisoner was released under the order and ending on the day when the order is cancelled counts as time served in respect of the fixed term; and (b) the period (if any) beginning on the day when the order is cancelled and ending on the day when the prisoner concerned is returned to custody does not count as time served in respect of the fixed term. (2) If an early release order in respect of a prisoner serving a fixed term is suspended and, without the suspension ceasing, is subsequently cancelled, then — (a) the period beginning on the day when the prisoner was released under the order and ending on the day when the order is suspended counts as time served in respect of the fixed term; (b) the period (if any) beginning on the day when the order is suspended and ending on the day when the prisoner is returned to custody does not count as time served in respect of the fixed term. (3) For the purposes of subsection (1), the day when an early release order is cancelled is — (a) if it is cancelled by a decision of the Board — the day of the decision; or (b) if it is cancelled by virtue of section 67 or 67A — (i) the day when the offence that resulted in the charge or conviction was committed; or (ii) the day when the prisoner became subject to the interim control order or confirmed control order; or (iii) the day when the interim control order or confirmed control order was sought in respect of the prisoner; or (iv) the day when the Board’s decision that resulted in the cancellation was made. (3A) If the day when an offence was committed cannot be ascertained — the day is taken, for the purposes of subsection (3)(b)(i), to be the latest day on which that offence could have been committed, as determined by the CEO. (4) For the purposes of subsection (2), the day when an early release order is suspended is the day of the decision to suspend the order. [Section 71 amended: No. 41 of 2006 s. 51; No. 14 of 2022 s. 18.] ### Division 4 — Re‑release after cancellation ##### 72. Re‑release after cancellation of order made by Board (1) If an early release order made by the Board — (a) is cancelled under section 43, 44 or 63; or (b) is cancelled by virtue of section 67 or under section 67A(2), then the Board may, subject to Parts 3 and 4, subsequently make another early release order in respect of the prisoner. (2) If the subsequent early release order is a parole order, the parole period in it is the period that begins on the day when the prisoner is released and ends when the term ends. [Section 72 amended: No. 41 of 2006 s. 52; No. 14 of 2022 s. 19.] ##### 73. Re‑release after cancellation of parole order made by Governor (1) If a parole order made by the Governor is cancelled under section 43 or 44 or by virtue of section 67 or under section 67A(2), the Governor may subsequently make another parole order in respect of the prisoner. (2) The parole period in the subsequent parole order is to be set by the Governor and must be at least 6 months, not more than 5 years, and not longer than the parole period of the cancelled parole order. [Section 73 amended: No. 41 of 2006 s. 53; No. 14 of 2022 s. 20.] ##### 74. Parole period under new parole order deemed to be time served If — (a) for the purposes of section 72 or 73 a parole order is made in respect of a prisoner; and (b) the Board does not cancel the parole order under Part 3 Division 10; and (c) the prisoner does not commit an offence (in this State or elsewhere) during the parole period for which he or she is sentenced to imprisonment (whether the sentence is imposed during or after the parole period), then the prisoner is taken to have served the term, or the aggregate of terms, to which the parole order relates. [Section 74 amended: No. 41 of 2006 s. 54.] ## Part 5A — Post‑sentence supervision of certain offenders [Heading inserted: No. 45 of 2016 s. 25.] ##### 74A. Terms used breach, in relation to a PSSO, means to contravene any obligation or requirement of the order; cancelled PSSO has the meaning given in section 74K(1); prisoner means a person — (a) who is serving a fixed term for a serious offence; or (i) is serving a fixed term for an offence or offences other than a serious offence; and (ii) has been serving that term at all times since completing a fixed term for a serious offence; PSSO considerations has the meaning given in section 74B; PSSO period has the meaning given in section 74E(2); serious offence has the meaning given in the *High Risk Serious Offenders Act 2020* section 5; serious offender under restriction has the meaning given in the *High Risk Serious Offenders Act 2020* section 3. [Section 74A inserted: No. 45 of 2016 s. 25; amended: No. 29 of 2020 s. 106.] ##### 74B. PSSO considerations (1) In this Part a reference to the PSSO considerations is a reference to these considerations — (a) issues for any victim of a serious offence for which the prisoner is in custody, including any matter raised in a victim’s submission; (b) the behaviour of the prisoner when in custody insofar as it may be relevant to determining how the prisoner is likely to behave if released; (c) whether the prisoner has participated in programmes available to the prisoner when in custody, and if not the reasons for not doing so; (d) the prisoner’s performance when participating in a programme mentioned in paragraph (c); (e) the behaviour of the prisoner when subject to any PSSO made previously; (f) the likelihood of the prisoner committing a serious offence when subject to a PSSO; (g) the likelihood of the prisoner complying with the standard obligations and any additional requirements of any PSSO; (h) subject to subsection (2), any other matter that is or may be relevant to whether the prisoner should be subject to a PSSO after the prisoner’s release. (2) In this Part a reference to the PSSO considerations does not include a reference to considerations relating to the community’s interest in punishment or deterrence of offences. [Section 74B inserted: No. 45 of 2016 s. 25; amended: No. 29 of 2020 s. 107.] ##### 74C. Reports by CEO to Board about prisoners (1) The CEO must give the Board a written report about every prisoner that addresses the PSSO considerations relating to the prisoner. (2) The report must be given to the Board no later than 3 months before the end of the prisoner’s term. (3) This section applies whether or not the prisoner is subject to an early release order. [Section 74C inserted: No. 45 of 2016 s. 25.] ##### 74D. Board may make PSSO (1) Before the end of a prisoner’s term, the Board must consider whether a post‑sentence supervision order should be made in respect of the prisoner. (2) Subsection (1) applies whether or not the prisoner is subject to an early release order. (3) Subject to subsection (5), the Board must make a PSSO in respect of the prisoner if it considers that the order is necessary for the prevention of harm to the community from further offending by the prisoner. (4) In considering under subsection (3) whether a PSSO is necessary, the Board must have regard to — (a) the PSSO considerations relating to the prisoner; and (b) the report made by the CEO under section 74C; and (c) any other information about the prisoner brought to its attention. (5) The Board must not make a PSSO in respect of a serious offender under restriction. [Section 74D inserted: No. 45 of 2016 s. 25; amended: No. 29 of 2020 s. 108.] ##### 74E. Nature of PSSO (1) A PSSO is an order that the person specified in the order (the supervised offender) must during the PSSO period comply with — (a) the standard obligations in section 74F; and (b) any of the additional requirements in section 74G that are specified in the PSSO. (2) Subject to section 74K(2), the PSSO period is a period of not less than 6 months and not more than 2 years, as the Board specifies in the order, beginning on — (a) if the supervised offender is not released on parole — the day on which the offender is released after serving the offender’s term; or (b) if the supervised offender is released on parole — the day after the day on which the offender’s term ends. [Section 74E inserted: No. 45 of 2016 s. 25; amended: No. 29 of 2020 s. 109.] ##### 74F. Standard obligations of PSSO The standard obligations of a PSSO are that the supervised offender — (a) must report to a community corrections centre within 72 hours after being released, or as otherwise directed by a CCO; and (b) must notify a CCO of any change of address or place of employment within 2 clear working days after the change; and (c) must comply with section 76. [Section 74F inserted: No. 45 of 2016 s. 25.] ##### 74G. Additional requirements of PSSO (1) A PSSO may contain any of these additional requirements as the Board thinks fit — (a) a requirement relating to where the supervised offender must reside; (b) requirements relating to the protection of any victim of an offence committed by the supervised offender from coming into contact with the offender; (c) a requirement that the supervised offender must wear an approved electronic monitoring device; (d) a requirement that the supervised offender permit the installation of an approved electronic monitoring device at the place where the offender resides; (e) a requirement that, if the CEO so directs, the supervised offender — (i) wear an approved electronic monitoring device; or (ii) permit the installation of an approved electronic monitoring device at the place where the offender resides; or (iii) charge the approved electronic monitoring device so as to ensure the device is at all times operational; or (iv) not enter 1 or more areas of the State stated in a written notice given to the supervised offender by the CEO; (f) a requirement that the supervised offender must not leave Western Australia except with and in accordance with the written permission of the CEO; (g) requirements to facilitate the supervised offender’s rehabilitation; (h) a curfew requirement that the supervised offender must remain at a specified place for a specified period not exceeding 12 hours in any period of 24 hours; (i) a requirement that the supervised offender must not frequent or visit a specified place or area; (j) prescribed requirements. (2) A person on whom a requirement is imposed under subsection (1)(c), (d), (e)(i), (ii) or (iii) must comply with the requirement. (3) A person on whom a requirement is imposed under subsection (1)(e)(iv) must comply with the requirement, unless the person has a reasonable excuse. (4) Subsection (5) applies if — (a) the supervised offender — (i) has been serving imprisonment for a family violence offence (category A); and (ii) is bound by a family violence restraining order; or (b) the supervised offender — (i) has been serving imprisonment for a family violence offence (category B); and (ii) is a serial family violence offender. (5) The Board must impose a requirement under subsection (1)(c), (d) or (e), unless the Board is satisfied there are exceptional circumstances. [Section 74G inserted: No. 45 of 2016 s. 25; amended: No. 13 of 2020 s. 18; No. 29 of 2020 s. 110; No. 30 of 2020 s. 36; No. 28 of 2024 s. 53.] ##### 74H. CEO to ensure person subject to PSSO is supervised The CEO must ensure that a CCO is assigned to supervise a supervised offender for the duration of the PSSO period. [Section 74H inserted: No. 45 of 2016 s. 25.] ##### 74I. Amendment of PSSO (1) The Board may amend a PSSO at any time before the end of the PSSO period. (2) If a PSSO is amended, the amended PSSO applies accordingly. [Section 74I inserted: No. 45 of 2016 s. 25.] ##### 74J. Cancellation of PSSO (1) The Board may cancel a PSSO at any time before the commencement of the PSSO period. (2) If a supervised offender, during the PSSO period, commits an offence (in this State or elsewhere) and is sentenced to imprisonment for that offence, the PSSO applicable to the supervised offender is cancelled by operation of this subsection. (3) If a supervised offender, during the PSSO period, becomes a serious offender under restriction, the PSSO applicable to the supervised offender is cancelled by operation of this subsection. [Section 74J inserted: No. 45 of 2016 s. 25; amended: No. 29 of 2020 s. 111.] ##### 74K. Subsequent PSSO after cancellation for committing offence cancelled PSSO means a PSSO that is cancelled by operation of section 74J(2); further offence means an offence committed by a supervised offender during a PSSO period leading to the cancellation of the PSSO by operation of section 74J(2); further term means a term of imprisonment imposed upon a supervised offender in respect of a further offence. (2) If a PSSO is cancelled by operation of section 74J(2), the Board may subsequently make another PSSO in respect of the supervised offender. (3) The PSSO period specified in the subsequent PSSO — (a) must begin on — (i) if the supervised offender is not released on parole — the day on which the supervised offender is released after serving the further term; or (ii) if the supervised offender is released on parole — the day after the day on which the further term ends; and (b) must not be longer than the remaining PSSO period of the cancelled PSSO. (4) Subsection (3)(b) does not apply if the further offence is a serious offence. [Section 74K inserted: No. 29 of 2020 s. 112.] ##### 74L. Offence for breach of PSSO A supervised offender must not breach a PSSO without reasonable excuse (proof of which is on the offender). Penalty: imprisonment for 3 years. [Section 74L inserted: No. 29 of 2020 s. 113.] ## Part 6 — Provisions applying to offenders on community corrections orders ##### 75. Terms used centre means a community corrections centre; community corrections order means a community order, a sentence of CSI, a parole order, an RRO, a PSSO or a WDO. [Section 75 amended: No. 27 of 2004 s. 12; No. 45 of 2016 s. 26.] ##### 76. Offender’s obligations (1) In this section and section 77 — offender means an offender who is subject to a pre‑sentence order or a community corrections order. (2) An offender must comply with the lawful orders or directions of any CCO. (3) An offender who under a community corrections order is required — (a) to do community work — (i) must do such community work as the manager of a centre determines and directs; and (ii) must do that work to the satisfaction of the person supervising the work; (b) to do community corrections activities — (i) must do such community corrections activities as the manager of a centre determines and directs; and (ii) must do those activities to the satisfaction of the person supervising them. (4) An offender who under a pre‑sentence order or a community corrections order is at a centre, or is doing community work or community corrections activities, or is performing any requirement of a programme requirement applicable to the offender — (a) must not be in possession of, use, or be under the influence of alcohol, a drug (other than a drug prescribed for him or her), glue, petrol or any other substance capable of adversely affecting a person; and (b) must, if so directed by the manager of a centre, submit to testing for any substance referred to in paragraph (a); and (c) must not disturb or interfere with another offender doing anything under a community corrections order; and (d) must not commit any act or omission of insubordination or misconduct that is subversive of the good order or management of a centre or of the conduct of anything required to be done under a community corrections order; and (e) must not assault, threaten, insult or use abusive language to a member of the departmental staff; and (f) must comply with any prescribed obligations; and (g) must comply with any written instructions issued by the CEO under section 86. (5) A CCO is to ensure, so far as is practicable, that orders given to an offender do not — (a) conflict with the offender’s religious or cultural beliefs; or (b) result in interference with the times, if any, when the offender normally works or attends an educational or vocational training establishment. [Section 76 amended: No. 65 of 2006 s. 43(1).] ##### 77. Consequences of contravening s. 76 obligations If an offender contravenes any requirement of section 76, the manager of a centre may reprimand the offender or — (a) if the offender is subject to a pre‑sentence order, report the matter to the CEO and recommend that the CEO issue a warrant under section 33P of the *Sentencing Act 1995*; or (b) if the offender is subject to a community order, report the matter to the CEO and recommend that the offender be charged with an offence under section 131 of the *Sentencing Act 1995*; or (ba) if the offender is subject to CSI, report the matter to the CEO and recommend that the offender be charged with an offence under section 84J(1) of the *Sentencing Act 1995*; or (c) if the offender is subject to a parole order or an RRO — (i) report the matter to the CEO; or (ii) report the matter to the Board, and recommend that the order be suspended or cancelled under Part 3 or 4 (as the case may be); or (ca) if the offender is subject to a PSSO, report the matter to the CEO and recommend that the offender be charged with an offence under section 74L; or (d) if the offender is subject to a WDO, report the matter to the CEO and recommend that the order be cancelled under section 52 of the *Fines, Penalties and Infringement Notices Enforcement Act 1994*. [Section 77 amended: No. 27 of 2004 s. 11 and 12; No. 65 of 2006 s. 43(1); No. 45 of 2016 s. 27.] ##### 78. CEO may suspend requirements in case of illness etc. minimum hours requirement — (a) in relation to a community service requirement in a community order — means the requirement that the offender do at least 12 hours unpaid community work in any 7 day period; (b) in relation to a parole order, an RRO or a PSSO — means any requirement in the order to do the prescribed number of hours of community corrections activities in each period of 7 days; (c) in relation to a WDO — means the requirement in the *Fines, Penalties and Infringement Notices Enforcement Act 1994* section 50(1)(b) to do the number of hours of community corrections activities specified in the WDO (including the WDO as amended under section 50(2A) of that Act); offender means an offender who is subject to a community corrections order. (2) If the CEO is satisfied that an offender is ill or that there are other exceptional circumstances, the CEO — (a) if the offender is subject to a community order or a sentence of CSI — may permit the offender not to comply with all or any of the requirements of any primary requirement of the order for such period or periods as the CEO thinks fit, but they must not total more than 12 weeks; (b) if the offender is subject to a community service requirement in a community order — may, in relation to the minimum hours requirement, permit the offender to do less than 12 hours community work in a 7 day period, the actual number of hours to be decided by the CEO, but it must be at least 6 hours; (c) if the offender is subject to an early release order or a PSSO — permit the offender not to comply with the minimum hours requirement for such period or periods as the CEO thinks fit; (d) if the offender is subject to a WDO — permit the offender not to comply with the minimum hours requirement for such period or periods as the CEO thinks fit. (3) A decision made under subsection (2) does not affect the term of a community order, the suspension period of a sentence of CSI or the period of an early release order or a PSSO. (4) An offender’s duty under a community service requirement in a community order to do unpaid community work for a number of hours set by the court is not affected by a decision made under subsection (2). (5) An offender’s duty under section 50(1)(a) of the *Fines, Penalties and Infringement Notices Enforcement Act 1994* to do community corrections activities for the required hours is not affected by a decision made under subsection (2). [Section 78 amended: No. 27 of 2004 s. 12; No. 45 of 2016 s. 28; No 25 of 2020 s. 127.] ##### 79. Community service requirement, offender may be directed to do activities (1) This section applies in the case of an offender who is subject to a community service requirement in a community order but not subject to a programme requirement in the order. (2) The CEO may direct the offender to do community corrections activities for as many hours as the CEO directs, but the hours must not amount to more than a quarter of the hours of community work set by the court. (3) Hours of community corrections activities done in compliance with such a direction count as hours of community work done under the community service requirement. ##### 80. Programme requirement, CEO may give offender additional directions (1) This section applies in the case of an offender who is subject to a programme requirement in a pre‑sentence order or a community order or a sentence of CSI. (2) If a CCO is satisfied that in respect of the offender there are personal factors which contributed to the offender’s criminal behaviour that were not identified at the time the programme requirement was imposed, the CCO may give the offender such other directions as could be given under a programme requirement and as the CCO thinks fit, in addition to any specified by the court. [Section 80 amended: No. 27 of 2004 s. 12.] ##### 81. Compensation for injury to offenders (1) An offender, while doing community work or community corrections activities under a community corrections order is to be regarded for the purposes of the *Workers Compensation and Injury Management Act 2023* as a worker employed by the Crown. (2) For the purposes of the *Workers Compensation and Injury Management Act 2023* an offender’s weekly earnings shall be taken to be the amount that the Minister considers reasonable in the circumstances. [Section 81 amended: No. 42 of 2004 s. 174; No. 21 of 2023 s. 709(2).] ##### 82. Regulations Regulations made for the purposes of this Part may — (a) prescribe obligations applicable to community corrections orders generally or to specific types of community corrections orders; (b) make provision for the authorisation of absences from attendance at community work or community corrections activities; (c) regulate the consequences of injury and sickness with respect to community corrections orders; (d) prescribe forms. ## Part 7 — Community corrections centres ##### 83. Terms used centre means a community corrections centre; community corrections order means a pre‑sentence order, a community order, a sentence of CSI, a parole order, an RRO, a PSSO or a WDO; offender means an offender who is subject to a community corrections order. [Section 83 amended: No. 27 of 2004 s. 12; No. 45 of 2016 s. 29.] ##### 84. Community corrections centres, declaration of (1) The Minister may by notice declare any place to be a community corrections centre. (2) The Minister, by notice, may amend or cancel a notice under subsection (1). (3) In this section — notice means notice published in the *Gazette*. [Section 84. Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009. See endnote 1M.] ##### 85. Community corrections activities, approval of (1) The CEO may approve activities as community corrections activities. (2) Activities that may be approved as community corrections activities include, but are not restricted to, any of these — (a) charitable, community or voluntary work; (b) programmes for the treatment of people who abuse alcohol, drugs or other substances or who are addicted to gambling; (c) counselling; (d) social and life skills courses; (e) educational, vocational and personal development courses. ### Division 2 — Management ##### 86. Instructions about management etc., issue of etc. (1) With the approval of the Minister, the CEO may issue written instructions for the management, control and security of — (a) centres generally or a specified centre; and (b) offenders. (2) The instructions are to complement regulations made under section 93 and if there is an inconsistency between an instruction and a regulation, the instruction, to the extent of the inconsistency, is to be read and has effect subject to the regulation. (3) The instructions may confer a discretionary authority on any person or class of person. (4) Sections 41 and 42 of the *Interpretation Act 1984* do not apply to the instructions. (5) The CEO must ensure that relevant instructions are published in such a manner as to bring them to the attention of departmental staff, offenders, and people visiting centres. (6) The CEO must take reasonable steps to ensure that the instructions are made known to every offender — (a) who is illiterate; (b) who does not understand English, in a language the offender does understand. ##### 87. Managers of centres, functions of etc. (1) The CCO in control of a centre is, while in control, the manager of the centre. (2) The manager is responsible to the CEO for the management, security and good order of the centre. (3) For the purposes of this Part, a manager may give reasonable orders or directions to any person in a centre, including any member of the departmental staff. (4) A manager may not direct that a search of a person or a place be made except as provided by section 90. (5) A manager must advise an offender of his or her obligations under the community corrections order, and this obligation is to be taken as having been performed if a written statement of those obligations is attached to the order given to the offender. (6) A manager must report as soon as possible to the CEO on any use of force by the manager or any other person to compel — (a) an offender to obey an order or direction; or (b) a person to obey an order to leave the centre. [Section 87 amended: No. 65 of 2006 s. 43(1).] ##### 88. Functions of CCOs at centres (1) A CCO — (a) subject to subsection (5), must comply with the reasonable directions of the manager of the centre at which the CCO is working; and (b) must maintain the good order of the centre at which the CCO is working; and (c) must report immediately to the manager anything which might reasonably be thought to jeopardise the management, security or good order of the centre. (2) A CCO may give such reasonable orders or directions to offenders and other persons as are necessary for the management, security or good order of a centre. (3) A CCO may use reasonable force to compel an offender to obey an order or direction given to that offender if the CCO believes on reasonable grounds that the use of force is necessary — (a) to prevent the offender or another person being killed or seriously injured; or (b) to prevent serious damage to property. (4) A CCO may, if necessary, use reasonable force to compel a person to obey an order by a manager to leave a centre. (5) For the purpose of subsection (1)(a), a direction given by a manager is not reasonable if it is a direction — (a) to use reasonable force to compel an offender to obey an order or direction given to that offender; or (b) to use reasonable force to compel a person to obey an order to leave a centre; or (c) to search any person wishing to enter or remain in a centre or anything in the person’s possession or under the person’s control. [Section 88 amended: No. 65 of 2006 s. 43(1).] ##### 89. Access to centres (1) The manager of a centre may impose such conditions as he or she thinks fit on any person (including an offender) entering or remaining in the centre. (2) A person who is not an offender may be refused entry to a centre by the manager of it. (3) An offender may be refused entry to a centre by the manager of it if the offender — (a) contravenes a condition imposed under subsection (1); or (b) does anything which, in the manager’s opinion, threatens the management, security or good order of the centre. (4) A person (including an offender) who is in a centre may be ordered by the manager to leave the centre immediately if the person, while in the centre — (a) contravenes this Act, the regulations or any written instructions issued under section 86; or (b) contravenes a direction given by the manager; or (c) contravenes a condition imposed under subsection (1); or (d) does anything which, in the manager’s opinion, threatens the management, security or good order of the centre. (5) A person who disobeys an order to leave a centre given under subsection (4) commits an offence. Penalty: $1 000. [Section 89 amended: No. 65 of 2006 s. 43.] ##### 90. Searches (1) If the manager of a centre believes that it is necessary for the security or good order of a centre or the offenders in it, he or she may at any time — (a) cause a prescribed person to search the centre or any part of it or anything in it; or (b) order a person wishing to enter or remain in a centre, or anything in the person’s possession or under the person’s control, to be searched by a prescribed person. (2) If a person refuses to submit to such a search, the manager may order the person to leave the centre immediately. (3) A manager may at any time order a search to be stopped. (4) A person who disobeys a manager’s order under subsection (2) commits an offence. Penalty: $1 000. [Section 90 amended: No. 65 of 2006 s. 43.] ##### 91. Seizure (1) In carrying out a search under section 90, a prescribed person may seize anything found in a centre, whether in a person’s possession or not, that the manager of the centre believes on reasonable grounds jeopardises or is likely to jeopardise the security or good order of the centre or the safety of persons in it. (2) A drug prescribed for a person and in that person’s possession must not be seized under subsection (1). (3) Anything seized by a prescribed person must be given to the manager of the centre immediately. (4) Anything seized must be dealt with by the manager under the regulations. [Section 91 amended: No. 65 of 2006 s. 43(1).] ### Division 3 — Miscellaneous ##### 92. Department to report on centres The annual report of the accountable authority of the Public Sector agency of which the CEO is the chief executive officer prepared for the purposes of the *Financial Management Act 2006* is to include a report on the operations of centres and community corrections activities and other operations of the agency under this Part. [Section 92 amended: No. 65 of 2006 s. 38; No. 77 of 2006 s. 6 and Sch. 1 cl. 155.] ##### 93. Regulations Regulations made for the purposes of this Part may — (a) prescribe powers of persons conducting anything being done under a community corrections order; (b) provide for the transport of offenders required to do anything under a community corrections order; (c) regulate the procedure for searches and seizures carried out under this Part; (d) prescribe forms. ## Part 8 — Staff ### Division 1 — Chief executive officer ##### 94. Functions (1) Subject to the control of the Minister, the CEO’s functions include — (a) the proper administration of pre‑sentence orders, community orders, sentences of CSI, parole orders, RROs, PSSOs and WDOs; and (b) the control and management of community corrections centres. (2) The CEO has the functions of a CCO. (3) Where this Act, the *Sentencing Act 1995*, the *Fines, Penalties and Infringement Notices Enforcement Act 1994*, or the *Bail Act 1982* empowers or requires the CEO to do any thing, any exercise of that power must be done in writing and signed by the CEO or, if the power is exercised by a delegate, by the delegate. (4) The CEO may review and confirm, amend or cancel a decision made, or a direction or order given, by a member of the departmental staff. (5) The CEO may — (a) consult and collaborate with; and (b) make use of the assistance of, any individual or organisation in any way that the CEO considers expedient for the purpose of the performance of a function under this Act, the *Sentencing Act 1995*, the *Fines, Penalties and Infringement Notices Enforcement Act 1994*, or the *Bail Act 1982*. [Section 94 amended: No. 27 of 2004 s. 12; No. 65 of 2006 s. 39; No. 45 of 2016 s. 30.] ##### 95. Delegation by CEO (1) The CEO may delegate to any person any power or duty of the CEO — (a) under another provision of this Act; (b) under the *Sentencing Act 1995*; (c) under Part 4 of the *Fines, Penalties and Infringement Notices Enforcement Act 1994*; (d) under the *Bail Act 1982* section 66F. (2) The delegation must be in writing signed by the CEO. (3) A person to whom a power or duty is delegated under this section cannot delegate the power or duty. (4) A person exercising or performing a power or duty that has been delegated under this section, is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown. (5) Unless the contrary is proved, it is to be presumed that a document purporting to have been signed by a person as a delegate of the CEO was signed by a person in the performance of a function that at the time was delegated to the person by the CEO. (6) Nothing in this section limits the ability of the CEO to perform a function through an officer or agent. [Section 95 amended: No. 28 of 2024 s. 54.] ##### 96. CEO may confer functions of CCO on person The CEO may confer some or all of the functions of a CCO on a member of the departmental staff who is not a CCO and a reference elsewhere in the Act to a CCO includes a reference to a person on whom a function has been so conferred. ##### 97. CEO to make information available to Board (1) This section operates despite any other written law that requires the CEO not to disclose information. (2) Subject to any directions given by the Board to the CEO, the CEO must, in any report about a prisoner that the CEO has to give the Board under this Act, include all information in relation to the prisoner that is in the possession of the CEO and that is or may be relevant to any decision the Board may make under this Act in respect of the prisoner. (3) Without limiting subsection (2) but subject to any directions given by the Board to the CEO, if a breach of an early release order comes to the knowledge of the CEO, the CEO must forthwith report the matter to the Board and must provide such other information about the breach as the Board requires. (4) The CEO must allow the Board’s members and staff access to information about prisoners in custody on information systems controlled and managed by the CEO but only to the extent necessary for the performance of the Board’s functions. [Section 97 inserted: No. 41 of 2006 s. 55.] ##### 97A. Disclosing information about offender for community safety The CEO may disclose information about an offender to the public if the CEO is of the opinion that it is necessary to do so for the safety of the community. [Section 97A inserted: No. 65 of 2006 s. 40.] ##### 97B. Disclosing and requesting information contractor has the meaning given to that term in section 3 of the *Court Security and Custodial Services Act 1999*; public authority means — (a) a department of the Public Service; or (b) a State agency or instrumentality; or (c) a court or tribunal to the extent that it is an agency for the purposes of the *Freedom of Information Act 1992*; or (d) a body, whether corporate or unincorporate, or the holder of an office, post or position, established or continued for a public purpose under a written law; relevant information means information that, in the opinion of the CEO, is, or is likely to be, relevant to — (a) the management of an offender; or (b) the performance of a function under this Act, the *Sentencing Act 1995*, the *Fines, Penalties and Infringement Notices Enforcement Act 1994*, or the *Bail Act 1982*; research means research to promote the development of criminology or corrective services; service provider means — (a) an individual or organisation mentioned in section 94(5); or (b) an individual or organisation involved in providing support services to an offender or the family of an offender. (2) The CEO may disclose relevant information to a public authority, service provider or contractor. (3) The CEO may request a public authority, service provider or contractor that holds relevant information to disclose the information to the CEO. (4) A request under subsection (3) — (a) may relate to particular information or information of a particular kind; and (b) may relate to information that may be held from time to time. (5) A public authority, service provider or contractor may disclose information in compliance with a request under subsection (3). (6) The CEO may disclose information regarding offenders to a public authority or other body for use in research. (7) A public authority, service provider, contractor or other body may disclose information regarding offenders to the CEO for use in research. (8) The CEO must establish procedures for the disclosure of information under subsection (2) or (6). (9) The regulations may include provisions about — (a) the receipt and storage of information disclosed under this section; and (b) the restriction of access to such information. [Section 97B inserted: No. 65 of 2006 s. 40.] ##### 97C. Disclosing information to agencies outside WA (1) The Minister may, from time to time, approve circumstances in which, or purposes for which, information relating to an offender may be disclosed by the CEO to a person or class of persons in another Commonwealth, State, Territory or overseas government department or agency. (2) The CEO may disclose information as approved under subsection (1). [Section 97C inserted: No. 65 of 2006 s. 40.] ##### 97D. Disclosing information to victims [(1) deleted] (2) The CEO may disclose information of a prescribed kind regarding an offender to a victim of the offender or a person acting on a victim’s behalf. [Section 97D inserted: No. 65 of 2006 s. 40; amended: No. 49 of 2016 s. 112.] ##### 97DA. Disclosing electronic monitoring information electronic monitoring information means — (a) orders, directions or requirements (EM orders) about electronic monitoring under this Act, the *High Risk Serious Offenders Act 2020* or the *Sentencing Act 1995*; and (b) any information that relates to EM orders, including, for example, information about the movements of persons subject to EM orders; relevant employee means a person employed in the department designated as the Police Service. (2) The CEO may disclose electronic monitoring information to a police officer or a relevant employee. (3) Without limiting the way in which the CEO may disclose electronic monitoring information under subsection (2), the CEO may give police officers and relevant employees access to an electronic database containing electronic monitoring information. (4) A police officer or relevant employee may, for any reasonable purpose in the performance of their functions as a police officer or a relevant employee — (a) access electronic monitoring information disclosed by the CEO under subsection (2); and (b) use the electronic monitoring information. (5) The CEO must establish procedures for the disclosure of electronic monitoring information under this section. [Section 97DA inserted: No. 28 of 2024 s. 55] ##### 97E. Disclosure under s. 97A, 97B, 97C, 97D and 97DA not subject to other laws and effect of disclosure (1) Information may be disclosed under section 97A, 97B, 97C, 97D or 97DA despite any written law relating to confidentiality or secrecy. (2) If information is disclosed, in good faith, under section 97A, 97B, 97C, 97D or 97DA — (a) no civil or criminal liability is incurred in respect of the disclosure; and (b) the disclosure is not to be regarded as a breach of any duty of confidentiality or secrecy imposed by law; and (c) the disclosure is not to be regarded as a breach of professional ethics or standards or as unprofessional conduct. [Section 97E inserted: No. 65 of 2006 s. 40; amended: No. 28 of 2024 s. 56.] ### Division 2 — Other staff ##### 98. Appointment (1) The staff, including community corrections officers, needed for the purposes of this Act, the *Sentencing Act 1995*, the *Criminal Law (Mental Impairment) Act 2023* and the *Bail Act 1982* Parts VIA and 6B — (a) may be appointed or engaged under the *Public Sector Management Act 1994*; or (b) may be appointed on an honorary basis. (2) A person who is a member of the Police Force is not to be an honorary CCO. (3) A member of the Police Force who holds a designated position (as defined in the *Witness Protection (Western Australia) Act 1996*) may be an honorary CCO for the purposes of supervising an offender who is a participant in the State Witness Protection Program established under that Act. (4) The regulations may prescribe classes of staff and their functions. [Section 98 amended: No. 10 of 2023 s. 403; No. 28 of 2024 s. 57(3).] [**98AA.** 1M Modifications to be applied in order to give effect to Cross‑border Justice Act 2008: section inserted 1 Nov 2009. See endnote 1M.] ##### 98A. Duties of CCOs A CCO must comply with this Act and any other written law conferring functions on CCOs and with the orders and directions of the CEO. [Section 98A inserted: No. 65 of 2006 s. 41.] ##### 99. Volunteers (1) The CEO may authorise a person to work as an unpaid volunteer. (2) A volunteer is under the control of the CEO. (3) The CEO may at any time cancel the authorisation of a volunteer. ### Division 3 — Miscellaneous ##### 100. Compensation for injury to volunteers etc. If under Division 2 a person is appointed on an honorary basis or authorised to work as a volunteer — (a) the person is, while performing the functions of the position, to be regarded for the purposes of the *Workers Compensation and Injury Management Act 2023* as a worker employed by the Crown; and (b) for the purposes of that Act, the person’s weekly earnings are to be taken to be the amount that the Minister considers is reasonable in the circumstances. [Section 100 amended: No. 42 of 2004 s. 174; No. 21 of 2023 s. 709(2).] ##### 101. Assistance by police officers (1) Subject to the directions of the Commissioner of Police, a member of the Police Force may, if so requested by the CEO or a CCO, assist in the exercise or performance of any function conferred or imposed by this Act. (2) A member of the Police Force acting under subsection (1) has the same functions and protection from liability as a CCO would have in the same situation. (3) The functions and protection conferred by subsection (2) are in addition to those conferred or imposed on a member of the Police Force by any other written law. ## Part 9 — Prisoners Review Board [Heading inserted: No. 41 of 2006 s. 56.] ##### 102. Board established (1) A board called the Prisoners Review Board is established. (2) The Board is to be taken to be a continuation of the Parole Board established previously. [Section 102 inserted: No. 41 of 2006 s. 57.] ##### 103. Membership (1) The members of the Board are — (a) a chairperson, to be nominated by the Minister and appointed by the Governor; and (b) at least 2 deputy chairpersons, to be nominated by the Minister and appointed by the Governor; and (c) as many community members as are necessary to deal with the workload of the Board, to be nominated by the Minister and appointed by the Governor; and (d) as many officers of the Public Sector agency of which the CEO is the chief executive officer as are necessary to deal with the workload of the Board, to be appointed by the CEO; and (e) as many police officers as are necessary to deal with the workload of the Board, to be appointed by the Commissioner of Police. (2) The Minister must not nominate a person as the chairperson unless — (a) the person has served as, or is qualified for appointment as, a judge of the District Court of Western Australia, the Supreme Court of Western Australia or another State or Territory, the High Court of Australia or the Federal Court of Australia; and (b) if the person holds judicial office, the person has consented in writing to be nominated. (2A) A person holding a judicial office must retire upon being nominated as the chairperson. (3) The Minister must not nominate a person as a deputy chairperson unless the person has, in the Minister’s opinion, extensive or special knowledge of matters involved in the performance of the Board’s functions. (4) The Minister must not nominate a person as a community member unless the Minister is satisfied — (a) that the person is able to make an objective and reasonable assessment of the degree of risk that the release of a prisoner would appear to present to the personal safety of people in the community or of any individual in the community; and (b) that the person has one or more of the following attributes — (i) the person has a knowledge and understanding of the impact of offences on victims; (ii) the person has a knowledge and understanding of Aboriginal culture local to this State; (iii) the person has a knowledge and understanding of a range of cultures among Australians; (iv) the person has a knowledge and understanding of the criminal justice system; (v) the person has a broad experience in a range of community issues such as issues relating to employment, substance abuse, physical or mental illness or disability, or lack of housing, education or training. (5) In nominating persons as community members the Minister is to ensure that at all times at least one community member has the attribute mentioned in subsection (4)(b)(i) and at least one community member is an Aboriginal person who has the attribute mentioned in subsection (4)(b)(ii). (6) On appointing a member of the Board under subsection (1)(d) or (e), the CEO or the Commissioner of Police, as the case may be, must give written notice of the appointment to — (a) the person appointed; and (b) the registrar of the Board. [Section 103 inserted: No. 41 of 2006 s. 57; amended: No. 29 of 2020 s. 114.] ##### 104. Training of members (1) The chairperson and deputy chairpersons are responsible for directing the education, training, and professional development of members of the Board. (2) The Minister is to ensure that appropriate provision is made for the education, training, and professional development of members of the Board. [Section 104 inserted: No. 41 of 2006 s. 57.] ##### 104A. Registrar and other staff (1) A person is to be appointed as the registrar of the Board. (2) The registrar and any other staff of the Board are to be appointed under Part 3 of the *Public Sector Management Act 1994*. [Section 104A inserted: No. 41 of 2006 s. 57.] ##### 105. Tenure, meetings etc. (Sch. 1) Schedule 1 has effect in relation to the Board. ##### 106. Functions (1) The functions of the Board are set out in this Act. (2) The Board may do all things necessary or convenient to be done for or in connection with, or as incidental to, the performance of its functions. (3) A member of the Board, other than the chairperson, must comply with any relevant public sector standard or code of ethics established under section 21 of the *Public Sector Management Act 1994* when performing functions as a member of the Board. [Section 106 amended: No. 41 of 2006 s. 58.] ##### 107. Board to have powers of Royal Commission (1) For the purpose of carrying out its functions, the Board and its chairperson and members have and may exercise the powers that a Royal Commission and its chairman and commissioners have under the *Royal Commissions Act 1968*. (2) The *Royal Commissions Act 1968*, with any necessary changes, has effect in relation to the Board, its chairperson and members. ##### 107A. Board may use experts etc. The Board may appoint a person with relevant knowledge or experience to assist the Board in relation to a matter within the Board’s functions by providing a report, advice or professional services. [Section 107A inserted: No. 41 of 2006 s. 59.] ##### 107B. Notification of Board’s decisions (1) The Board must give a prisoner or supervised offender written notice of any decision made under this Act in respect of the person as soon as practicable after the decision is made. (2) The Board must give the CEO written notice of any decision made under this Act in respect of a prisoner or supervised offender as soon as practicable after the decision is made. (3) Without limiting subsections (1) and (2), they apply — (a) to a decision, whether by the Board or the Governor, not to make an early release order in respect of a prisoner; and (b) to a decision to make a parole order in which the release date is not the day when, under section 23(2) or section 93(1) of the *Sentencing Act 1995*, the prisoner is eligible to be released on parole; and (c) to a decision, whether by the Governor or the Board, to amend, suspend or cancel an early release order; and (ca) to a decision by the Board to make, amend or cancel a PSSO; and (d) to a decision by the Board not to make a request under section 13(4) after receiving a report under section 13(3) or not to endorse, with or without variations, a re‑socialisation programme received under section 13(4), and, in the case of subsection (1) — (e) to a decision by the CEO to suspend an early release order. (4) Subject to section 114, a notice under subsection (1) or (2) must include the reasons for the decision. (5) If the decision is a reviewable decision, as that term is defined in section 115A, a notice under subsection (1) must inform the prisoner of the effect of section 115A. [Section 107B inserted: No. 41 of 2006 s. 59; amended: No. 45 of 2016 s. 31.] ##### 107C. Publication of Board’s decisions (1) This section operates despite section 119. (2) The chairperson of the Board may make public a decision of the Board or the reasons for it if the chairperson considers it is in the public interest to do so having regard to all the circumstances including the interests of the prisoner or the supervised offender concerned and the interests of any victim. [Section 107C inserted: No. 41 of 2006 s. 59; amended: No. 45 of 2016 s. 32.] ##### 108. Orders by Board authorised person means — (a) the registrar or a member of the Board; or (b) a departmental officer performing the functions of a prescribed office or an office of a prescribed class. (2) Except as provided in subsection (2A), an order giving effect to a decision made by the Board is to be signed by 2 members of the Board. (2A) An order giving effect to a decision made, or an action taken, by the Board under Part 5 Division 1B or section 67A must be signed by the chairperson alone. (3) A notice of a decision made by the Board may be signed by an authorised person. (4) Despite subsection (2), an authorised person, on behalf of and in the name of the Board, may make a parole order in accordance with guidelines issued by the Board except in respect of a prisoner serving a parole term of at least 2 years for a serious offence. (5) The Board may issue guidelines to be observed by authorised persons when making parole orders under subsection (4). [Section 108 amended: No. 41 of 2006 s. 60; No. 14 of 2022 s. 21.] ##### 109. Board may require person to appear before it (1) At any time while a person is subject to a parole order (other than a parole order (unsupervised)), an RRO or a PSSO, the Board, by order, may require him or her to appear before the Board. (2) For the purposes of subsection (1), the Board may issue a warrant to have the person arrested and brought before the Board. (3) The powers in this section may be exercised whether or not the Board has amended, suspended, cancelled or otherwise made a decision in relation to the order concerned. [Section 109 amended: No. 41 of 2006 s. 61; No. 45 of 2016 s. 33.] ##### 110. Issue of warrants by Board (1) If this Act empowers the Board to issue a warrant to have a person arrested, it is not necessary for the Board to meet before the warrant is issued. (2) A warrant issued by the Board to have a person arrested must be signed by — (a) 2 members of the Board; or (b) the chairperson of the Board if he or she is a judge of the Supreme Court or the District Court. [Section 110 amended: No. 41 of 2006 s. 62.] ##### 111. Judicial notice of appointment and signature (1) Judicial notice must be taken of — (a) the fact that a person is or was a member or the registrar of the Board; and (b) the official signature of such a person. (2) Evidence of a parole order, an RRO, a PSSO or a decision made by the Board may be given by producing a copy of the order or decision certified by the registrar of the Board as a true copy. [Section 111 amended: No. 41 of 2006 s. 63; No. 45 of 2016 s. 34.] ##### 112. Annual report to Minister Before 1 October in each year, the Board is to give a written report to the Minister on — (a) the performance of the Board’s functions during the previous financial year; (b) the number of prisoners who became eligible to be released under a parole order during the previous financial year; (c) the number of prisoners who applied to be released under an RRO during the previous financial year; (d) the number of prisoners who were refused an early release order by the Board or the Governor during the previous financial year; (e) the number of prisoners released under an early release order by the Board or the Governor during the previous financial year; (ea) the number of prisoners whose cooperation was considered by the Board for the purposes of section 66B(1)(a) during the previous financial year; (eb) the number of prisoners referred to in paragraph (ea) who were released under an early release order by the Board or the Governor during the previous financial year; (f) the number of prisoners who completed an early release order during the previous financial year; (g) the number of early release orders suspended or cancelled during the previous financial year and the reasons for suspension or cancellation; (ga) the number of prisoners who were the subject of a report under section 74C during the previous financial year; (gb) the number of persons released subject to PSSOs during the previous financial year; (h) the number of prisoners for whom participation in a re‑socialisation programme was approved by the Board or the Governor during the previous financial year; (i) the number of prisoners who completed re‑socialisation programmes during the previous financial year; (j) the operation of this Act and relevant parts of the *Sentencing Act 1995* so far as they relate to early release orders and PSSOs and to the activities of CCOs in relation to those orders during the previous financial year. [Section 112 inserted: No. 41 of 2006 s. 64; amended: No. 45 of 2016 s. 35; No. 2 of 2018 s. 10.] ##### 112A. Information to be excluded from annual reports protected information means information the disclosure of which would contravene a written law or an order of a court; release action has the meaning given in section 66D; release decision has the meaning given in section 66D; sensitive information means information the disclosure of which could reasonably be expected to — (a) prejudice national security; or (b) endanger a person’s life or physical safety; or (c) threaten significant damage to infrastructure or property; or (d) prejudice a criminal investigation; or (e) reveal intelligence gathering methodologies, investigative techniques or technologies or covert practices; or (f) enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement. (2) This section applies if, during a financial year, the chairperson decides — (a) to make a release decision, or take release action, under Part 5 Division 1B; or (b) to refuse to make a release decision, or take release action, under Part 5 Division 1B; or (c) to cancel an early release order under section 67A(2). (3) Before giving an annual report for the financial year, the chairperson must notify the Commissioner of Police and the Attorney General of the number of decisions referred to in subsection (2) that are made in the financial year (notifiable information). (4) The Commissioner of Police must advise the Attorney General whether, in the Commissioner’s opinion, some or all of the notifiable information is, or is likely to be, sensitive information. (5) If the Attorney General is satisfied that some or all of the notifiable information is protected information or, on advice given under subsection (4), is satisfied that some or all of the notifiable information is sensitive information, the Attorney General must direct the chairperson to — (a) exclude the information from the annual report; and (b) insert a statement in the annual report to the effect that the information is excluded from the annual report under this section. (6) The chairperson must comply with a direction given under subsection (5). (7) The Attorney General may obtain legal advice as to the matters in subsection (5). (8) If the Attorney General does not give a direction under subsection (5), the Board must include the notifiable information in the annual report. [Section 112A inserted: No. 14 of 2022 s. 22.] ##### 113. Special reports to Minister (1) The Minister, in writing, may request the Board to report about any specified special matter relating to — (a) the operation of this Act or the *Sentencing Act 1995* so far as it is relevant to the Board; or (b) the performance of any function of the Board. (2) If so requested, the Board must provide a written report as soon as practicable. ## Part 10 — Miscellaneous ##### 114. Reasons for decision may be withheld (1) This section applies to those sections in this Act which refer to it. (2) If a person is required to give a prisoner or supervised offender reasons for a decision, then if the person decides that it would be in the interest of the prisoner or supervised offender or any other person, or the public, to withhold from the prisoner or supervised offender any or all of the reasons, the person may do so. [Section 114 amended: No. 45 of 2016 s. 36.] ##### 115. Rules of natural justice excluded The 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 Parts 1 to 6 by — (a) the Governor; or (b) the Minister; or (c) the Board; or (d) an authorised person as defined in section 108(1); or (e) the CEO. [Section 115 amended: No. 14 of 2022 s. 23.] ##### 115A. Board may review decisions about release reviewable decision has a meaning in accordance with subsections (2), (3) and (4). (2) Subject to subsection (4), a decision made — (a) by the Board not to make an early release order; or (b) by the Board to make a parole order in which the release date is not the day when, under section 23(2) or section 93(1) of the *Sentencing Act 1995*, the prisoner is eligible to be released on parole; or (c) by the Board to suspend or cancel an early release order; or (d) by the CEO to suspend an early release order; or (da) by the Board to make a PSSO; or (e) by the Board not to make a request under section 13(4) after receiving a report under section 13(3) or not to endorse, with or without variations, a re‑socialisation programme received under section 13(4); or (f) by the Board as to the nature or content of a re‑socialisation programme endorsed under section 13(5) or approved under section 14(5), is a reviewable decision. (3) The regulations may provide that a decision of a prescribed kind made under the regulations is a reviewable decision. (4) For the purposes of this section, the following decisions are not reviewable decisions — (a) a decision made by the Board under Part 5 Division 1B or section 67A(2) in relation to an early release order; (b) a decision made by the Board in relation to a prisoner with links to terrorism — (i) not to make a request under section 13(4) after receiving a report about the prisoner under section 13(3); or (ii) not to endorse, with or without variations, the prisoner’s participation in a re‑socialisation programme received under section 13(4); (c) a decision made by the Board as to the nature or content of a re‑socialisation programme endorsed under section 13(5) or approved under section 14(5) in relation to a prisoner with links to terrorism; (d) a decision made by the Board under subsection (8), or by the Board on further consideration of a matter pursuant to a decision under subsection (8). (5) A prisoner about whom a reviewable decision is made may request the Board to review the decision. (6) A request may only be made on the grounds that the person who made the decision — (a) did not comply with this Act or the regulations; or (b) made an error of law; or (c) used incorrect or irrelevant information or was not provided with relevant information. (7) A request must — (b) state the grounds for it; and (c) include any submissions that the applicant wants to make to the Board about the decision concerned and the reasons for it. (8) When a request is made, the chairperson of the Board must consider any submissions included in it and review the decision concerned and may — (a) confirm, amend or cancel the decision; or (b) make another decision; or (c) refer the decision to the Board for further consideration. (9) The chairperson may delegate the functions in subsection (8) to a deputy chairperson. (10) A deputy chairperson to whom the functions in subsection (8) are delegated must not decide any question of law but must refer it to the chairperson to decide. (11) The Board must give the applicant written notice of any decision on a review requested under this section. [Section 115A amended: No. 41 of 2006 s. 65; No. 45 of 2016 s. 37; No. 14 of 2022 s. 24.] ##### 115B. Decisions made by Board as constituted by chairperson alone may be reconsidered (1) This section applies to decisions referred to in section 115A(4)(a), (b) and (c). (2) A prisoner about whom the decision is made may request that the Board, as constituted by the chairperson alone, reconsider the decision. (3) A request must — (b) state the grounds for it; and (c) include any submissions that the applicant wants to make to the Board about the decision concerned and the reasons for it. (4) A request may be made only on the grounds that the Board in making the decision — (a) did not comply with this Act or the regulations; or (b) made an error of law; or (c) used incorrect or irrelevant information or was not provided with relevant information. (5) When a request is made, the Board, as constituted by the chairperson alone, must consider any submissions included in it and reconsider the decision concerned and may — (a) confirm, amend or cancel the decision; or (b) make another decision. (6) The Board, as constituted by the chairperson alone, must give the applicant written notice of any decision made under subsection (5). (7) A decision made under subsection (5) is not subject to reconsideration under this section. [Section 115B inserted: No. 14 of 2022 s. 25.] ##### 116. Arrest warrant may be issued if warrant of commitment in force (1) If a court has issued a warrant of commitment in respect of an offender that requires the offender to be imprisoned for a period, then at any time before the prisoner has served the period the CEO may issue a warrant to have the offender arrested and taken to a prison to serve or to continue to serve the period. (2) A warrant must not be issued under subsection (1) if the offender has been released pursuant to an order made in accordance with this Act or another written law in respect of the sentence or made in the exercise of the Royal Prerogative of Mercy. (3) Without limiting subsection (1) or affecting subsection (2), a warrant may be issued under subsection (1) if in error an offender is released before having served the period of imprisonment specified in the warrant of commitment. (4) Subsection (1) does not limit any power to arrest a person who has escaped lawful custody. ##### 117. Issue and execution of warrants (1) If this Act or the *Sentencing Act 1995* empowers a person to issue a warrant to have a person arrested, the warrant must be in the prescribed form and such a warrant has effect according to its wording. (2) In the absence of evidence to the contrary, it is to be presumed that — (a) the person who issued the warrant is empowered to do so; and (b) the signature on the warrant is that of the person who issued it. (3) A person to whom the warrant is directed must give effect to the warrant as soon as practicable. (4) The warrant itself is sufficient authority to the person to whom it is directed to arrest the person concerned and to hold the person in custody for the purposes of taking him or her, as soon as practicable, to the place specified in the warrant. ##### 118. Offences relating to monitoring equipment monitoring equipment means any device or equipment (and any related wiring or other item) that is — (a) designed or intended to keep a person under surveillance or to monitor a person’s movements; and (b) required to be worn by a person, or to be installed at a place, under this Act, the *Sentencing Act 1995* or the *Bail Act 1982*. (1A) The CEO may give a person who is, or who has been, the subject of a direction or order to wear monitoring equipment a direction to be available at a specified place and time in order to surrender or deliver the monitoring equipment to the CEO. (2) The CEO may give the occupier of a place where monitoring equipment is installed a direction to deliver the monitoring equipment to the CEO within a specified period. (3) A person who, without reasonable excuse, fails to comply with, or contravenes, a direction given under subsection (1A) or (2) commits an offence. Penalty for this subsection: a fine of $12 000 or imprisonment for 12 months. (4) A CCO may, at any time, enter a place where monitoring equipment is installed to retrieve the monitoring equipment. (5) A person who hinders a CCO exercising the power in subsection (4) commits an offence. Penalty for this subsection: a fine of $12 000 or imprisonment for 12 months. (6) A person who, without reasonable excuse, damages, removes or interferes with, or interferes with the operation of, any monitoring equipment in such a way as to prevent or impede monitoring of a person’s location, commits an offence. (7) A court sentencing a person convicted of an offence under subsection (6), committed at a time when the person had reached 18 years of age, must, unless it would be clearly unjust given the circumstances of the offence and the person — (a) sentence the person to a term of imprisonment of at least 6 months; and (b) not suspend the term of imprisonment. (8) Subsection (7) applies despite the *Sentencing Act 1995* section 86. [Section 118 amended: No. 13 of 2020 s. 19; No. 6 of 2024 s. 4.] ##### 118A. Evidentiary provision for electronic monitoring offences approved form means a form approved by the CEO; monitoring equipment has the meaning given in section 118(1); relevant instruction means an instruction given by a CCO to a person who was subject to an order, direction or requirement, the alleged breach of which constitutes the relevant offence in the proceedings; relevant matter means — (a) that a person was subject to an order, direction or requirement, the alleged breach of which constitutes the relevant offence in the proceedings; or (b) that a specified type of monitoring equipment was used to monitor a person; or (c) that specified monitoring equipment was installed — (i) at a specified place and on a specified date; and (ii) in accordance with the manufacturer’s specifications; or (d) that on a specified date specified monitoring equipment was turned on; or (e) that during a specified period specified monitoring equipment was working; or (f) that during a specified period a specified system for detecting monitoring equipment was detecting specified monitoring equipment; or (g) that during a specified period a specified system for detecting monitoring equipment was receiving location data from specified monitoring equipment; or (h) particulars of communications during a specified period between a specified system for detecting monitoring equipment and specified monitoring equipment; or (i) that on a specified date and at a specified time specified monitoring equipment stopped working; relevant offence means an offence under — (a) section 30(2) or (3), 57(3) or (4), 74G(2) or (3) or 118(6); or (b) the *Bail Act 1982* section 50M(1) or (2) or 50V(1) or (2); or (c) the *Sentencing Act 1995* section 33H(10A) or (10B), 33HA(5A) or (5B), 67A(6A) or (6B), 75(10A) or (10B), 76A(3A) or (3B), 84C(10A) or (10B) or 84CA(4A) or (4B). (2) In proceedings for a relevant offence — (a) a certificate in the approved form stating a relevant matter and purporting to be signed by the CEO or a CCO is, without proof of any appointment or signature, evidence of the matter stated in the certificate; and (b) a certificate in the approved form stating a document attached to the certificate is a copy of a relevant instruction and purporting to be signed by the CEO or a CCO is, without proof of any appointment or signature, evidence of what is stated. (3) The copy of the relevant instruction is evidence of what is stated in the relevant instruction. [Section 118A inserted: No. 28 of 2024 s. 58.] ##### 119. Information, disclosure and use of by departmental staff etc. (1) A person who is or has been in a position to which this section applies must not, whether directly or indirectly, record, disclose, or make use of any information obtained because of being in that position, except — (a) for the purposes of and in the due exercise of functions under this Act; or (b) when ordered by a court or a judge to do so; or (ba) under the *High Risk Serious Offenders Act 2020* section 25(1) or 40(2); or (bb) under the *Criminal Law (Mental Impairment) Act 2023* section 224(4) or 226(1); or (c) in circumstances approved, or of a kind approved, by the Minister. Penalty: $2 500. (2) The positions to which this section applies are — (a) a member, a deputy of a member, an acting member, the registrar or a member of the staff of the Board; and (b) the CEO; and (c) a member of the departmental staff. [Section 119 amended: No. 41 of 2006 s. 66; No. 65 of 2006 s. 42; No. 29 of 2020 s. 115; No. 10 of 2023 s. 404.] ##### 119A. Protection of Commissioner of Police reports that may be withdrawn (2) This section applies if the Board must, under section 66I(2), give the Commissioner of Police an opportunity to withdraw a Commissioner of Police report. (3) Until the Commissioner of Police is given a reasonable opportunity to withdraw the report, the Board must take all reasonable steps to prohibit the publication of, or a reference to, the report. [Section 119A inserted: No. 14 of 2022 s. 26.] ##### 119B. Protection of Commissioner of Police reports containing terrorist intelligence information (2) The Board must take all reasonable steps to maintain the confidentiality of a Commissioner of Police report that the Board is satisfied contains terrorist intelligence information, including — (a) receiving the report or hearing argument, or opinion, about the report in private and in the absence of any person other than a person to whose presence the Board consents; and (b) except as provided in paragraph (a), prohibiting the publication of, or a reference to, the report; and (c) withholding any or all of the reasons for a decision under section 114. (3) Despite subsection (2), the Board may give the report to — (a) the Attorney General; or (b) a court; or (c) a person to whom the Board authorises disclosure. (4) Before giving a report under subsection (3)(b) or (c), the Board must, in writing, notify the Commissioner of Police of the Board’s intention to give the report. [Section 119B inserted: No. 14 of 2022 s. 26.] ##### 119C. Protection of terrorist intelligence information in legal proceedings court includes any tribunal, authority or person having the power to require the production of documents or the answering of questions; disclosure requirement means a requirement under the *Criminal Procedure Act 2004* section 35, 42, 61 or 95 to disclose any information. (2) In any legal proceeding relating to, or requiring the disclosure of, information included in a Commissioner of Police report that the court is satisfied is terrorist intelligence information, the court must — (a) dispense with the disclosure requirements in relation to the information if the court is satisfied that no miscarriage of justice will result; and (b) ensure that such parts of the proceeding relating to the disclosure of the information are held in private; and (c) make such orders as to the suppression of evidence given before the court that, in the court’s opinion, will ensure that the information is not disclosed; and (d) make orders prohibiting the publication of the information. (3) Without limiting the matters that the court may consider for the purpose of determining if the information is terrorist intelligence information, the court must, before it makes the determination, give the Commissioner of Police an opportunity to be heard by, or to make written submissions to, the court. [Section 119C inserted: No. 14 of 2022 s. 26.] ##### 120. Protection from personal liability for torts (1) An action in tort does not lie against a person for anything that the person has done, in good faith, in the performance or purported performance of a function under this Act or the *Sentencing Act 1995*. (2) The protection given by subsection (1) applies even though the thing done as described in that subsection may have been capable of being done whether or not this Act or the *Sentencing Act 1995* had been enacted. (3) Despite subsection (1), the Crown is not relieved of any liability that it might have for another person having done anything as described in that subsection. (4) In this section, a reference to the doing of anything includes a reference to an omission to do anything. ##### 120A. Delegation by Commissioner of Police (1) The Commissioner of Police may, in writing signed by the Commissioner, delegate any of the Commissioner’s powers or duties under this Act to a police officer of or above the rank of Commander. (2) For the purposes of this Act, the exercise of a power or duty by a delegate under this section is taken to be the exercise of the power or duty by the Commissioner of Police. (3) A police officer to whom a power or duty is delegated under this section cannot delegate that power or duty to any other person. [Section 120A inserted: No. 14 of 2022 s. 27.] ##### 121. Regulations The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Act. ##### 122. Review of Act (1) The Minister must carry out a review of the operation and effectiveness of this Act as soon as is practicable after — (a) 1 July 2007; and (b) the expiry of each 5 yearly interval after that day. (2) The Minister must prepare a report based on each review under subsection (1) and, as soon as is practicable after the report is prepared (and in any event not more than 12 months after the relevant day or expiry), must cause it to be laid before each House of Parliament. [Section 122 inserted: No. 41 of 2006 s. 67.] ## Part 11 — Transitional and validation provisions [Heading inserted: No. 45 of 2016 s. 14; amended: No. 45 of 2016 s. 38.] ### Division 1 — Provisions for the *Sentencing Legislation Amendment Act 2016* Part 2 [Heading inserted: No. 45 of 2016 s. 39.] ##### 123. Terms used commencement means the day on which the *Sentencing Legislation Amendment Act 2016* Part 2 comes into operation; former transitional provisions means — (a) the *Sentencing (Consequential Provisions) Act 1995* section 83, 86, 87 or 91(1), as affected by the *Sentencing Legislation Amendment and Repeal Act 2003* Schedule 1 clause 13; and (b) the *Offenders Community Corrections Act 1963* 3 as continued in operation by any of those provisions of the *Sentencing (Consequential Provisions) Act 1995*; pre‑1996 prisoner means a prisoner — (a) sentenced before 4 November 1996; and (b) to whom the *Sentencing (Consequential Provisions) Act 1995* section 83, 86, 87 or 91(1) applied; transitional period means the period — (a) beginning on 4 November 1996; and (b) ending immediately before commencement. [Section 123 inserted: No. 45 of 2016 s. 14; amended: No. 45 of 2016 s. 40.] ##### 124. Reports during the transitional period: pre‑1996 prisoners If a report given during the transitional period about a pre‑1996 prisoner was not given in accordance with a former transitional provision that permitted or required a person to give a report about the prisoner then — (a) each provision of the *Sentence Administration Act 1995* 2 that would have permitted or required a person to give a report about the prisoner had the prisoner been sentenced on or after 4 November 1996 and before 31 August 2003 is taken to have applied, and the former transitional provision is taken not to have applied, to and in respect of the prisoner during that period; and (b) each provision of this Act that would have permitted or required a person to give a report about the prisoner had the prisoner been sentenced on or after 31 August 2003 and before commencement is taken to have applied, and the former transitional provision is taken not to have applied, to and in respect of the prisoner during that period. [Section 124 inserted: No. 45 of 2016 s. 14.] ##### 125. Participation in re‑socialisation programmes: pre‑1996 prisoners If a pre‑1996 prisoner participated, or purported to participate, in a re‑socialisation programme on or after 28 January 2007 and before commencement, then each provision of this Act that would have permitted the prisoner to participate in the programme had the prisoner been sentenced on or after 28 January 2007 is taken to have applied to and in respect of that prisoner during that period. [Section 125 inserted: No. 45 of 2016 s. 14.] ##### 126. Release on parole: pre‑1996 prisoners (1) If the release on parole of a pre‑1996 prisoner during the transitional period was not in accordance with a former transitional provision relating to the release of the prisoner on parole then — (a) each provision of the *Sentence Administration Act 1995*2 that would have been about the release of the prisoner on parole had the prisoner been sentenced on or after 4 November 1996 and before 31 August 2003 is taken to have applied, and the former transitional provision is taken not to have applied, to and in respect of the prisoner during that period; and (b) each provision of this Act that would have been about the release of the prisoner on parole had the prisoner been sentenced on or after 31 August 2003 and before commencement is taken to have applied, and the former transitional provision is taken not to have applied, to and in respect of the prisoner during that period. (2) In making a decision during the transitional period about the release from custody of a pre‑1996 prisoner under a provision of the *Sentence Administration Act 1995* 2 or this Act that applied by virtue of subsection (1), any of the following, according to the terms of the provision, may have been taken into account — (a) any report given about the prisoner under provisions that apply to and in respect of the prisoner by virtue of section 124; (b) the participation by the prisoner in any re‑socialisation programme under provisions that apply to and in respect of the prisoner by virtue of section 125. [Section 126 inserted: No. 45 of 2016 s. 14.] ##### 127. Validation of parole orders: pre‑1996 prisoner A parole order made in relation to the release from custody of a pre‑1996 prisoner is, and is taken to have always been, as valid as it would have been if this Division had been if force when it was made. [Section 127 inserted: No. 45 of 2016 s. 14; amended: No. 45 of 2016 s. 41.] ##### 128. Inconsistency with former transitional provisions If a provision of this Act, or the *Sentence Administration Act 1995*2, that applies by virtue of this Division is inconsistent with a provision of the former transitional provisions, the provision of this Act, or the *Sentence Administration Act 1995* 2, prevails. [Section 128 inserted: No. 45 of 2016 s. 14; amended: No. 45 of 2016 s. 42.] ### Division 2 — Provisions for the *Sentencing Legislation Amendment Act 2016* Part 3 Division 2 [Heading inserted: No. 45 of 2016 s. 43.] ##### 129. Continued application of former Part 3 Division 4 commencement day means the day on which the *Sentencing Legislation Amendment Act 2016* section 23 comes into operation; former Division means Part 3 Division 4 as in force immediately before commencement day. (2) If the former Division applied to a prisoner immediately before commencement day then on and after that day the former Division continues to apply to and in relation to the prisoner as if the *Sentencing Legislation Amendment Act 2016* section 23 had not come into operation. [Section 129 inserted: No. 45 of 2016 s. 43.] ### Division 3 — Provisions for the *Family Violence Legislation Reform Act 2024* [Heading inserted: No. 28 of 2024 s. 59.] ##### 130. Term used: commencement day commencement day means the day on which the *Family Violence Legislation Reform Act 2024* section 59 comes into operation. [Section 130 inserted: No. 28 of 2024 s. 59.] ##### 131. Particular reports given under s. 12 or 12A may be amended or supplemented (1) If a report (an original report) in respect of a prisoner was given by the Board to the Minister under section 12 or 12A before commencement day — (a) the Board may amend the original report to address the likelihood of the prisoner complying with the additional requirements in section 30(1)(e)(iii) or (iv), (ia) or (ib) and give the amended report to the Minister; or (b) the Board may give the Minister a report supplementary to the original report addressing the likelihood of the prisoner complying with the additional requirements in section 30(1)(e)(iii) or (iv), (ia) or (ib). (2) An original report amended and given under subsection (1)(a) is taken to have been given by the Board to the Minister as amended when the original report was first given. (3) A supplementary report given under subsection (1)(b) is taken to have been given by the Board to the Minister when the original report was given. [Section 131 inserted: No. 28 of 2024 s. 59.] ##### 132. Particular reports given under s. 17 may be amended or supplemented (1) If a report (an original report) in respect of a prisoner was given by the CEO to the Board under section 17 before commencement day — (a) the CEO may amend the original report to address the likelihood of the prisoner complying with the additional requirements in section 30(1)(e)(iii) or (iv), (ia) or (ib) and give the amended report to the Board; or (b) the CEO may give the Board a report supplementary to the original report addressing the likelihood of the prisoner complying with the additional requirements in section 30(1)(e)(iii) or (iv), (ia) or (ib). (2) An original report amended and given under subsection (1)(a) is taken to have been given by the CEO to the Board as amended when the original report was first given. (3) A supplementary report given under subsection (1)(b) is taken to have been given by the CEO to the Board when the original report was given. [Section 132 inserted: No. 28 of 2024 s. 59.] ##### 133. Particular reports given under s. 51 may be amended or supplemented (1) If a report (an original report) in respect of a prisoner was given by the CEO to the Board under section 51 before commencement day — (a) the CEO may amend the original report to address the likelihood of the prisoner complying with the additional requirements in section 57(2)(c), (d), (e) or (f) and give the amended report to the Board; or (b) the CEO may give the Board a report supplementary to the original report addressing the likelihood of the prisoner complying with the additional requirements in section 57(2)(c), (d), (e) or (f). (2) An original report amended and given under subsection (1)(a) is taken to have been given by the CEO to the Board as amended when the original report was first given. (3) A supplementary report given under subsection (1)(b) is taken to have been given by the CEO to the Board when the original report was given. [Section 133 inserted: No. 28 of 2024 s. 59.] ##### 134. Particular reports given under s. 74C may be amended or supplemented (1) If a report (an original report) in respect of a prisoner was given by the CEO to the Board under section 74C before commencement day — (a) the CEO may amend the original report to address the likelihood of the prisoner complying with the additional requirements in section 74G(1)(e)(iii) or (iv), (h) or (i) and give the amended report to the Board; or (b) the CEO may give the Board a report supplementary to the original report addressing the likelihood of the prisoner complying with the additional requirements in section 74G(1)(e)(iii) or (iv), (h) or (i). (2) An original report amended and given under subsection (1)(a) is taken to have been given by the CEO to the Board as amended when the original report was first given. (3) A supplementary report given under subsection (1)(b) is taken to have been given by the CEO to the Board when the original report was given. [Section 134 inserted: No. 28 of 2024 s. 59.] ##### 135. Application of s. 57 to applications for re‑entry release orders Section 57 as amended by the *Family Violence Legislation Reform Act 2024* section 52 applies in relation to an application for a re‑entry release order made but not decided before commencement day. [Section 135 inserted: No. 28 of 2024 s. 59.] Schedule 1 — Provisions applying to the Prisoners Review Board [s. 105] [Heading inserted: No. 41 of 2006 s. 68.] 1. Term used: member In this Schedule — member means a member of the Board. [Clause 1 inserted: No. 41 of 2006 s. 68.] 2. Term etc. of office (1) A member appointed by the Governor is a member for the period (not more than 5 years) specified in the instrument of appointment, but is eligible for reappointment. (2) If a person who is a judge is appointed as the chairperson — (a) the person’s service as the chairperson is to be taken for all purposes to be service in the person’s office of judge; and (b) the person’s appointment does not prevent the person from performing the functions of the person’s office of judge. (3) The office of a deputy chairperson or a community member is to be held on a full‑time basis, part‑time basis or sessional basis. (4) The office of a member appointed by the CEO or the Commissioner of Police is to be held in conjunction with the member’s employment in the Public Sector or appointment as a police officer, as the case may be. (5) The chairperson, if a judge, ceases to be a member by resignation under clause 3, or on ceasing to be a judge. (6) The chairperson, if a retired judge, ceases to be a member by resignation under clause 3, or when the chairperson’s appointment is terminated under clause 4. (7) A member appointed by the CEO ceases to be a member by resignation under clause 3, or on ceasing to be an officer of the Public Sector agency of which the CEO is the chief executive officer, or when the CEO cancels the appointment, or when the member’s appointment is terminated under clause 4. (8) A member appointed by the Commissioner of Police ceases to be a member by resignation under clause 3, or on ceasing to be a police officer, or when the Commissioner cancels the appointment, or when the member’s appointment is terminated under clause 4. [Clause 2 inserted: No. 41 of 2006 s. 68.] 3. Resignation (1) A member appointed by the Governor may resign by giving the Minister a signed letter of resignation. (2) A member appointed by the CEO may resign by giving the CEO a signed letter of resignation. (3) A member appointed by the Commissioner of Police may resign by giving the Commissioner a signed letter of resignation. (4) A resignation has effect when it is received by the relevant person or at such later date as it specifies. [Clause 3 inserted: No. 41 of 2006 s. 68.] 4. Terminating appointments (1) For the purposes of this clause, grounds to terminate the appointment of a member exist if the member — (a) has been convicted of an indictable offence or an offence committed under the law of another place that would, if it had been committed in this State, be an indictable offence; or (b) is incapable of performing the functions of a member; or (c) has neglected without a reasonable cause to perform the functions of a member; or (d) has been negligent or careless in performing the functions of a member; or (e) is unfit to be a member due to misconduct. (2) The Governor, on the recommendation of the Minister, may terminate the appointment of a member appointed by the Governor, other than a member who is a judge, if grounds to terminate the appointment exist. (3) The Minister may terminate the appointment of a member, other than a member appointed by the Governor, if grounds to terminate the appointment exist. (4) Subclause (3) does not affect the power under clause 2(7) or (8) of the CEO or the Commissioner of Police, as the case may be, to cancel an appointment. [Clause 4 inserted: No. 41 of 2006 s. 68.] 5. Meetings (1A) This clause does not apply in relation to a meeting of the Board held for the purposes of Part 5 Division 1B or section 67A. (1) The chairperson is to decide when and where the Board meets. (2) The Board, constituted in accordance with this clause, may meet and perform its functions even if at the same time the Board, constituted in accordance with this clause but by different individuals, is also meeting and performing the Board’s functions. (3) At a meeting of the Board the chairperson or a deputy chairperson is to preside. (4) At a meeting of the Board — (a) a quorum consists of 3 members as follows — (i) the chairperson or a deputy chairperson; (ii) one community member; (iii) one of the persons appointed under section 103(1)(d) or (e); and (b) questions arising are to be determined by a majority of the members present and voting; and (c) if there is a tie in voting, the presiding member has a second vote. (5) Any question of law that arises at a meeting of the Board must be decided by the chairperson or, if the chairperson is not at the meeting, referred to the chairperson to decide. (6) The Board may, if it thinks fit, conduct a meeting at which all or some members participate by telephone or other similar means, but any member who speaks on a matter at the meeting must be able to be heard by the other members at the meeting. (7) Subject to this clause the chairperson is to determine the procedure for convening and conducting meetings of the Board. [Clause 5 inserted: No. 41 of 2006 s. 68; amended: No. 14 of 2022 s. 28.] 6. Conditions of service (1) Members appointed by the Governor, other than a member who is a judge, are entitled to the remuneration and allowances set by the Governor from time to time on the recommendation of the Public Sector Commissioner. (2) Any remuneration and allowances paid to a member who is a retired judge do not affect the member’s entitlements under the *Judges’ Salaries and Pensions Act 1950*. (3) The other conditions of service of members appointed by the Governor are to be determined by the Governor from time to time. [Clause 6 inserted: No. 41 of 2006 s. 68; amended: No. 39 of 2010 s. 89.] 7. Leave of absence The Minister may grant leave of absence to a member on such conditions as the Minister determines. [Clause 7 inserted: No. 41 of 2006 s. 68.]