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…