Corrections Amendment (Parole Reform) Act 2023 (Vic)
Corrections Amendment (Parole Reform) Act 2023
No. 36 of 2023
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purpose
2Commencement
3Principal Act
Part 2—Amendment of Corrections Act 1986
4Definitions
5Victim may be given certain copies of orders and information about a prisoner
6Section 73A substituted
7New section 74AC inserted
8New section 74AAD inserted
9New sections 74AAE to 74AAG inserted
10New section 104ZZAA inserted
11Offence to use or disclose personal or confidential information unless authorised
12New section 132 inserted
Part 3—Repeal of this Act
13Repeal of this Act
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Endnotes
1 General information
Corrections Amendment (Parole Reform) Act 2023
No. 36 of 2023
[Assented to 5 December 2023]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purpose
The purpose of this Act is to amend the Corrections Act 1986—
(a)in relation to conditions for making a parole order for the prisoner Paul Denyer; and
(b)to require the Adult Parole Board in certain circumstances to specify a period during which a prisoner is not eligible for parole; and
(c)to require the Adult Parole Board in certain circumstances to consider making, and to empower the Board to make, a declaration specifying a period during which a prisoner is not eligible for parole; and
(d)to make further provision for the sharing of certain information by the Secretary and the Adult Parole Board.
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 CORRECTIONS ACT 1986
4Definitions
In section 3(1) of the Principal Act insert the following definitions—
"restricted prisoner means a prisoner who is serving a sentence of life imprisonment, in respect of which a non-parole period was fixed, for—
(a)two or more offences of murder; or
(b)one offence of murder, where the victim was a child; or
(c)one offence of murder, where the victim was also the victim of a sexual offence committed by the prisoner;
restricted prisoner declaration means a declaration under section 74AAG;".
5Victim may be given certain copies of orders and information about a prisoner
(1)In section 30A(2)(c) of the Principal Act, for "person." substitute "person;".
(2)After section 30A(2)(c) of the Principal Act insert—
"(d)the period specified by the Board in an order under section 74AAD in respect of the prisoner;
(e)in the case of a restricted prisoner—that the Board is considering making a restricted prisoner declaration in respect of the prisoner;
(f)in the case of a restricted prisoner—that the Board has made a restricted prisoner declaration in respect of the prisoner and the period specified in the declaration;
(g)in the case of a restricted prisoner—that the Board has not made a restricted prisoner declaration in respect of the prisoner.".
6Section 73A substituted
For section 73A of the Principal Act substitute—
"73A Safety and protection of the community paramount in parole decisions
The Board must give paramount consideration to the safety and protection of the community in determining—
(a)whether to make or vary a parole order; or
(b)whether to cancel a prisoner's parole or revoke the cancellation of parole; or
(c)the period specified in an order under section 74AAD; or
(d)whether to make a restricted prisoner declaration and the period specified in the declaration.".
7New section 74AC inserted
After section 74AB of the Principal Act insert—
"74AC Conditions for making a parole order for Paul Denyer
(1)The Board must not make a parole order under section 74 or 78 in respect of the prisoner Paul Denyer 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 Paul Denyer if, and only if, the Board—
(a)is satisfied (on the basis of a report prepared by the Secretary) 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 Paul Denyer is a reference to the Paul Denyer who was sentenced by the Supreme Court on 20 December 1993 to three concurrent sentences of life imprisonment for three counts of murder.".
8New section 74AAD inserted
After section 74AAC of the Principal Act insert—
"74AAD Board must specify no-return period in certain circumstances
(1)This section applies to a prisoner who is serving a sentence of life imprisonment in respect of which a non-parole period was fixed.
(2)If the Board refuses to make a parole order in respect of a prisoner to whom this section applies, the Board by instrument must order that the prisoner is not eligible for parole for the period (not exceeding 5 years) specified in the order.
(3)The Board must not make a parole order under section 74 or 78 in respect of the prisoner at any time during the period specified in the order.
(4)Despite subsection (3), after considering an application for a parole order under section 74 or 78 made by or on behalf of the prisoner, the Board may make a parole order if, and only if, the Board—
(a)is satisfied (on the basis of a report prepared by the Secretary) 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 order is justified.
(5)The Charter of Human Rights and Responsibilities Act 2006 has no application to this section.
(6)Without limiting subsection (5), section 31(7) of the Charter of Human Rights and Responsibilities Act 2006 does not apply to this section.".
9New sections 74AAE to 74AAG inserted
Before section 74A of the Principal Act insert—
"74AAE Restricted prisoners
(1)The Board must not make a parole order under section 74 or 78 in respect of a restricted prisoner 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.
74AAFRestricted prisoner reports
The Secretary must provide the Board with a report about a restricted prisoner that details information the Secretary considers relevant to the Board's consideration of whether to make a restricted prisoner declaration in respect of the prisoner—
(a)in the case of a restricted prisoner who has made an application for a parole order—as soon as practicable after the Board requests the report; or
(b)in the case of a restricted prisoner who has not made an application for a parole order—1 year before the end of the non-parole period fixed in respect of the prisoner's sentence; or
(c)in the case of a restricted prisoner in respect of whom a restricted prisoner declaration is in effect—1 year before the end of the period specified in the declaration.
74AAGRestricted prisoner declarations
(1)Before determining an application for a parole order by or on behalf of a restricted prisoner (other than a restricted prisoner in respect of whom a restricted prisoner declaration is in effect), the Board—
(a)must request the Secretary to provide the Board with a report under section 74AAF(1)(a); and
(b)must consider making a declaration under subsection (4) in respect of the prisoner.
(2)On receiving a report under section 74AAF(1)(b) or (c) about a restricted prisoner, the Board must consider making a declaration under subsection (4) in respect of the prisoner.
(3)The Board is not required to comply with subsection (1) if the Board has received a report about the restricted prisoner within the preceding year.
(4)The Board by instrument may declare that the restricted prisoner is not eligible for parole for a period specified in the declaration if the Board is satisfied that it is in the public interest.
(5)In determining whether the making of the declaration is in the public interest, the Board—
(a)must have regard to the report provided by the Secretary about the restricted prisoner; and
(b)may have regard to the effect the following is likely to have on a victim of an offence for which the prisoner is serving the sentence of imprisonment—
(i)making or not making the declaration;
(ii)making or not making a parole order in respect of the prisoner; and
(c)may have regard to any other matter the Board considers appropriate.
(6)The period specified in the declaration must—
(a)be determined having regard to the public interest; and
(b)be at least 5 years; and
(c)not exceed 10 years; and
(d)not commence before the expiry of any existing declaration under subsection (4) in respect of the restricted prisoner.
(7)The Board must not make a parole order under section 74 or 78 in respect of the restricted prisoner at any time during the period specified in the declaration.
(8)Despite subsection (7), after considering an application for a parole order under section 74 or 78 made by or on behalf of the restricted prisoner, the Board may make a parole order if, and only if, the Board—
(a)is satisfied (on the basis of a report prepared by the Secretary) 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 order is justified.
(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.
(11)In this section—
family member, in relation to a person, means—
(a)a partner of the person; or
(b)a parent, step-parent, legal guardian or grandparent of the person or of a partner of the person; or
(c)a child or grandchild (of any age) of the person or of a partner of the person or a child of whom that person or the person's partner is a guardian; or
(d)a sibling or a step-sibling of the person or of a partner of the person; or
(e)a child (of any age) of a sibling of the person or of a sibling of a partner of the person; or
(f)a child (of any age) of a sibling of a parent of the person or of a sibling of a parent of a partner of the person; or
(g)a person who has or has had an intimate personal relationship with that person; or
(h)a child who normally or regularly resides with that person; or
(i)another person who is or has been ordinarily a member of the household of that person;
victim means—
(a)a natural person who has suffered injury, loss or damage (including grief, distress, trauma or other significant adverse effect) as a direct result of an offence, whether or not that injury, loss or damage was reasonably foreseeable by the restricted prisoner; or
(b)a family member of a person to whom paragraph (a) applies.".
10New section 104ZZAA inserted
After section 104ZZ of the Principal Act insert—
"104ZZAA Authorisation to disclose certain information related to certain matters before the Board
The Board may disclose to any person some or all of the following information if the Board considers that it is in the public interest—
(a)the period specified by the Board in an order under section 74AAD in respect of a prisoner; and
(b)in the case of a restricted prisoner—
(i)that the Board has made a restricted prisoner declaration in respect of the prisoner and, if so, the period specified in the declaration; or
(ii)that the Board has not made a restricted prisoner declaration in respect of the prisoner.".
11Offence to use or disclose personal or confidential information unless authorised
In section 104ZZA of the Principal Act, for "104ZY or 104ZZ" substitute "104ZY, 104ZZ or 104ZZAA".
12New section 132 inserted
After section 131 of the Principal Act insert—
"132 Transitional—Corrections Amendment (Parole Reform) Act 2023
(1)Subject to this section, the amendments made by the Corrections Amendment (Parole Reform) Act 2023 apply to an application for a parole order that was made but not finally determined before the commencement day.
(2)The Secretary, as soon as practicable after the commencement day, must provide the Board with a report about each restricted prisoner who has made an application referred to in subsection (1).
(3)A report under subsection (2) must detail information the Secretary considers relevant to the Board's consideration of whether to make a restricted prisoner declaration in respect of the restricted prisoner to whom the report relates.
(4)Section 74AAG(1)(a) does not apply in relation to an application referred to in subsection (1).
(5)For the purposes of an application referred to in subsection (1), a reference in section 74AAG(5)(a) to a report provided by the Secretary is taken to be a reference to the report provided by the Secretary under subsection (2) about the restricted prisoner to whom the application relates.
(6)In this section—
commencement day means the day on which the Corrections Amendment (Parole Reform) Act 2023 comes into operation.".
PART 3—REPEAL OF THIS ACT
13Repeal of this 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: 2 November 2023
Legislative Council: 16 November 2023
The long title for the Bill for this Act was "A Bill for an Act to amend the Corrections Act 1986 in relation to parole and for other purposes."
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