Corrections Amendment (Parole) Act 2018 (Vic)

Corrections Amendment (Parole) Act 2018

No. 29 of 2018

table of provisions

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Principal Act

Part 2—Amendment of the Corrections Act 1986

4Section 74AAA substituted

5New section 74AB inserted

6Section 127A substituted

Part 3—Repeal of amending Act

7Repeal of amending Act

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Endnotes

1      General information

Corrections Amendment (Parole) Act 2018

No. 29 of 2018

[Assented to 31 July 2018]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purpose

The purpose of this Act is to amend the Corrections Act 1986 in relation to the conditions for making a parole order for certain prisoners convicted of the murder of a police officer, including the prisoner Craig Minogue.

2Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3Principal Act

In this Act, the Corrections Act 1986 is called the Principal Act.

Part 2—Amendment of the Corrections Act 1986

4Section 74AAA substituted

For section 74AAA of the Principal Act substitute—

"74AAA   Conditions for making parole order for prisoner who murdered police officer

(1)This section applies to a prisoner if—

(a)the prisoner is convicted of murder and sentenced (whether before, on or after this subsection comes into operation) to a term of imprisonment with a non-parole period, whether the non-parole period is set at or after the time of sentencing; and

(b)the person whom the prisoner is convicted of murdering was a police officer; and

(c)the Board is satisfied that the prisoner, at the time of carrying out the conduct that resulted in the police officer's death—

(i)intended to cause the death of, or really serious injury to, a police officer (whether or not the prisoner intended to cause the death of, or really serious injury to, any particular police officer); or

(ii)knew that the person whose death was caused by the conduct was a police officer; or

(iii)knew that it was probable that the death of, or really serious injury to, a police officer would be caused by the conduct (whether or not the prisoner knew that it was probable that the death of, or really serious injury to, any particular police officer would be caused by the conduct).

(2)In considering whether it is satisfied under paragraph (1)(c), the Board must have regard only to the following—

(a)the evidence led at trial;

(b)the judgment;

(c)the reasons for sentence;

(d)any reasons in connection with the fixing of a non-parole period, whether the non-parole period is set at or after the time of sentencing;

(e)any judgment on appeal.

(3)The Board must not make a parole order under section 74 or 78, in respect of a prisoner to whom this section applies, unless an application for the parole order is made by or on behalf of the prisoner.

(4)The application must be lodged with the secretary of the Board.

(5)After considering the application, the Board must not make a parole order under section 74 or 78 (as the case may be) in respect of the prisoner unless the Board—

(a)is satisfied (on the basis of a report prepared by the Secretary to the Department) that the prisoner—

(i)is in imminent danger of dying, or is seriously incapacitated and, as a result, the prisoner no longer has the physical ability to do harm to any person; and

(ii)has demonstrated that the prisoner does not pose a risk to the community; and

(b)is further satisfied that, because of those circumstances, the making of the parole order is justified.

(6)In considering the application, the Board—

(a)must have regard to the record of the court in relation to the offending, including the judgment and the reasons for sentence; and

(b)may have regard to any other information that the Board considers is relevant.

(7)For the avoidance of doubt, section 73A applies to the determination of the Board under this section.

(8)In this section, police officer means a police officer—

(a)who, at the time the murder of that police officer occurred, was performing any duty or exercising any power of a police officer; or

(b)the murder of whom arose from or was connected with the police officer's role as a police officer, whether or not the police officer was performing any duty or exercising any power of a police officer at the time of the murder.

(9)The Charter of Human Rights and Responsibilities Act 2006 has no application to this section.

(10)Without limiting subsection (9), section 31(7) of the Charter of Human Rights and Responsibilities Act 2006 does not apply to this section.".

5New section 74AB inserted

After section 74AA of the Principal Act insert—

"74AB   Conditions for making a parole order for Craig Minogue

(1)The Board must not make a parole order under section 74 or 78 in respect of the prisoner Craig Minogue unless an application for the order is made to the Board by or on behalf of the prisoner.

(2)The application must be lodged with the secretary of the Board.

(3)After considering the application, the Board may make an order under section 74 or 78 in respect of the prisoner Craig Minogue if, and only if, the Board—

(a)is satisfied (on the basis of a report prepared by the Secretary to the Department) that the prisoner—

(i)is in imminent danger of dying or is seriously incapacitated and, as a result, he no longer has the physical ability to do harm to any person; and

(ii)has demonstrated that he does not pose a risk to the community; and

(b)is further satisfied that, because of those circumstances, the making of the order is justified.

(4)The Charter of Human Rights and Responsibilities Act 2006 has no application to this section.

(5)Without limiting subsection (4), section 31(7) of the Charter of Human Rights and Responsibilities Act 2006 does not apply to this section.

(6)In this section, a reference to the prisoner Craig Minogue is a reference to the Craig William Minogue who was sentenced by the Supreme Court on 24 August 1988 to life imprisonment for one count of murder.".

6Section 127A substituted

For section 127A of the Principal Act substitute—

"127A   Transitional—Corrections Amendment (Parole) Act 2018

(1)To avoid doubt, and without limiting the application of the amendments made by section 4 of the Corrections Amendment (Parole) Act 2018 in respect of applications for parole made on or after the commencement of those amendments—

(a)the amendments made by that Act apply to a prisoner convicted and sentenced as referred to in section 74AAA(1)(a), regardless of whether, before the commencement of those amendments—

(i)the prisoner had become eligible for parole; or

(ii)the prisoner had taken any steps to ask the Board to grant the prisoner parole; or

(iii)the Board had begun any consideration of whether the prisoner should be granted parole; and

(b)the Board may, in its discretion, treat any steps taken by a prisoner to ask the Board to grant the prisoner parole, being steps taken before the commencement of those amendments, as being an application lodged with the secretary of the Board under section 74AAA(4).

(2)To avoid doubt, and without limiting the application of the amendments made by section 5 of the Corrections Amendment (Parole) Act 2018 in respect of applications for parole made on or after the commencement of those amendments—

(a)the amendments made by that Act apply to the prisoner Craig Minogue referred to in section 74AB(1), regardless of whether, before the commencement of those amendments—

(i)the prisoner Craig Minogue had become eligible for parole; or

(ii)the prisoner Craig Minogue had taken any steps to ask the Board to grant the prisoner parole; or

(iii)the Board had begun any consideration of whether the prisoner Craig Minogue should be granted parole; and

(b)the Board may, in its discretion, treat any steps taken by the prisoner Craig Minogue to ask the Board to grant the prisoner parole, being steps taken before the commencement of those amendments, as being an application lodged with the secretary of the Board under section 74AB(2).".

Part 3—Repeal of amending Act

7Repeal of amending Act

This Act is repealed on the first anniversary of its commencement.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 24 July 2018

Legislative Council: 25 July 2018

The long title for the Bill for this Act was "A Bill for an Act to amend the Corrections Act 1986 and for other purposes."