Corrective Services Act Amendment Act 1990 (Qld)

802 CORRECTIVE SERVIC E S AMENDMENT No. 38 of 1990 ANALYSIS OF CONTENTS 1. Short title and citation 2. Commencement 3. Amendment of s. 61. Leave of absence 4. Amendment of s. 63; transitional. Amendment or revocation of instrument 5. Amendment of s. 86; transitional . Release of prisoner to home detention 6. Repeal of and new s. 132 ; transitional provision Members of the Queensland Community Corrections Board 7. Repeal of s. 133 and new section Appointment of members 8. Amendment of s. 134 . Tenure of office of appointed members 9. Amendment of s. 136. Meetings of Board 10. Amendment of s. 137. Procedure at meetings 11. Amendment of s. 138; transitional provision . Secretary 12. Repeal of and new s. 144 ; transitional provision Members of regional community corrections board 13. Repeal of s. 145. Deputies of members 14. Amendment of s. 146. Appointment of members 15. Amendment of s. 147. Tenure of office of members 16. Amendment of s. 149. Meetings of board 17. Amendment of s. 150. Procedure at meeting 18. Amendment of s. 151. Secretary to regional community corrections board 19. Amendment of s. 152. Annual report, etc. 20. Amendment of s. 154 . Conduct of affairs 21. Amendment of s. 157. Authentication of document 22. Amendment of s. 159. Board to have powers of Commission of Inquiry 23. Amendment of s. 165. Release on parole 24. Amendment of s. 166. Eligiblity for parole 25. Amendment of s. 170 . Removal of prisoner appearing before regional community corrections board 26. Amendment of s. 171. Custodial correctional officer may be directed to leave meeting of board 27. Amendment of s. 172 and transitional provision . Competency of prisoner to apply for parole 28. Repeal of and new s. 174 Refusal of application for parole 29. Amendment of s. 182. Release on parole of prisoner serving term of imprisonment for life 30. Amendment of s. 185. Cancellation etc. of parole by board

803 ueenslanb ANNO TRICESIMO NONO ELIZA E'I' AE SECUN D AE REGINAE No. 3 8 of 19 90 An Act to amend the Corrective Services Act 1988 in certain particulars [ASSENTED TO 21ST JUNE, 1990]

804 Corrective Services Act Amendment Act 1990, No. 38 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Corrective Services Act Amendment Act 1990. (2) In this Act, the Corrective Services Act 1988 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Corrective Services Act 1988-1990. 2. Commencement . (1) Section 1 and this section commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act commences on a date appointed by Proclamation. 3. Amendment of s. 61. Leave of absence . Section 61 of the Principal Act is amended by- (a) in subsection (3)- (i) omitting paragraph (a); (ii) relettering paragraphs (b) and (c) as paragraphs (a) and (b) respectively; (b) inserting after subsection (3) the following words:- "(3A) If the Queensland Community Corrections Board or a regional community corrections board refuses to approve that leave of absence be granted to a prisoner for a period exceeding 7 days or if the Commission refuses to grant such a leave of absence after approval has been given by the appropriate board, the board or the Commission so refusing shall give to the prisoner its written reasons for the refusal."; (c) in subsection (4)- (i) in the general words occurring before paragraph (a) omitting the words "the Governor in Council,"; (ii) in paragraph (a) omitting the words "the Governor in Council or, as the case may,". 4. Amendment of s. 63 ; transitional. Amendment or revocation of instrument . (1) Section 63 of the Principal Act is amended, in subsection (2), by omitting the words "the Governor in Council or, as the case may be,". (2) If, prior to the commencement of this section, the Governor in Council has approved that leave of absence be granted to a prisoner pursuant to subsection (3) of section 61 of the Principal Act subject to conditions imposed pursuant to subsection (4) of the section, the Commission shall not amend or revoke those conditions pursuant to

Corrective Services Act Amendment Act 1990, No. 38 805 section 63 of the Principal Act upon the commencement of this section without the approval of the Queensland Community Corrections Board. 5. Amendment of s. 86; transitional . Release of prisoner to home detention . (1) Section 86 of the Principal Act is amended by- (a) in subsection (3)- (i) omitting paragraph (a); (ii) relettering paragraphs (b) and (c) as paragraphs (a) and (b) respectively; (b) inserting after subsection (3) the following subsection:- "(3A) If the Queensland Community Corrections Board or a regional community corrections board refuses to approve that a prisoner be released to serve a period of home detention or if the Commission refuses to release a prisoner to serve a period of home detention after the appropriate board has approved the release, the board or Commission so refusing shall give to the prisoner its written reasons for the refusal."; (c) in subsection (4)- (i) omitting from the general words occurring before paragraph (a) the words ", the Governor in Council"; (ii) omitting from paragraph (a) the words "the Governor in Council or, as the case may be,"; (d) in subsection (7), omitting the words "the Governor in Council or, as the case may be,". (2) If, prior to the commencement of this section, the Governor in Council has approved that a prisoner be released to home detention pursuant to subsection (3) of section 86 of the Principal Act subject to conditions imposed pursuant to subsection (4) of the section, the Commission shall not amend or revoke those conditions pursuant to subsection (6) of the section upon the commencement of this section without the approval of the Queensland Community Corrections Board. 6. Repeal of and new s. 132; transitional provision . (1) The Principal Act is amended by repealing section 132 and substituting the following section:- "132. Members of the Queensland Community Corrections Board . (1) The Queensland Community Corrections Board shall consist of- (a) a President and Deputy President each of whom shall be- (i) a retired judge of a court of a State or a Territory of the Commonwealth or of the High Court of Australia or a court constituted under an Act of the Commonwealth;

806 Corrective Services Act Amendment Act 1990, No. 38 or (ii) a barrister or solicitor who has practised as either barrister or solicitor for a period of at least five years; (b) the Director-General who shall be a member ex officio; and (c) five other members of whom- (i) one at least shall be an aborigine within the meaning of the Community Services (Aborigines) Act 1984- 1986 or an islander within the meaning of the Community Services (Torres Strait) Act 1984-1986; and (ii) one at least shall be a legally qualified medical practitioner , or a psychologist within the meaning of the PsychologistsAct 1977-1987. The members of the Queensland Community Corrections Board referred to in paragraphs (a) and ( c) are in this Division referred to as the appointed members. At least two appointed members of the board shall be women. (2) A person who is- (a) appointed or authorized under this Act to be a medical officer, volunteer or official visitor; (b) a commissioner or an officer or employee of the Commission; (c) an officer or employee of a department of the government of the State; or (d) a member , officer or employee of another state instrumentality; is not qualified to be or continue as an appointed member of the Queensland Community Corrections Board. (3) The Director - General may appoint an officer of the Commission to be the Director - General's deputy as a member of the Queensland Community Corrections Board. (4) An appointment under subsection (3)- (a) shall be by instrument in writing; (b) may be made generally or subject to such limitations as are specified in the instrument of appointment; (c) may be revoked by the Director-General at any time by notice in writing furnished to the appointee. (5) A person appointed as the deputy of the Director-General shall act instead of the Director-General as a member of the Queensland Community Corrections Board during the absence of the Director - General from any cause and whilst so acting shall

Corrective Services Act Amendment Act 1990, No. 38 807 have and may exercise the powers and authorities and shall discharge the functions and duties of a member of the board. (6) In this section the term state instrumentality means an agency or instrumentality of the Crown and includes an entity constituted, established or maintained by or under an Act that is- (a) generally subject to control or direction of a Minister; or (b) is comprised of persons who are, or has a governing body of persons a majority at least of which are, appointed or employed by the Governor in Council, any Minister of the Crown or a state instrumentality.". (2) Upon the commencement of this section, persons who immediately before the commencement hold office as members of the Queensland Community Corrections Board cease to hold office but this subsection is taken not to exclude any such person from reappointment if otherwise qualified. 7. Repeal of s. 133 and new section . The Principal Act is amended by repealing section 133 and substituting the following section:- "133. Appointment of members . Appointed members. of the Queensland Community Corrections Board shall be appointed on the recommendation of the Minister by the Governor in Council by notification published in the Gazette. Persons appointed as President and Deputy President may be appointed to office as such by the notification by which they are appointed members or by another notification.". 8. Amendment of s. 134 . T enure of office of appointed members. Section 134 of the Principal Act is amended, in subsection (3), by omitting paragraph (d) and relettering paragraph (e) as paragraph (d). 9. Amendment of s. 136 . Meetings of Board . Section 136 of the Principal Act is amended by- (a) inserting the expression "(1)" before the words "The Queensland" occurring at the commencement of the section; (b) in subsection (1) as numbered by paragraph (a) of this section, omitting the words "chairman of the Queensland Community Corrections Board" and substituting the words "President of the Queensland Community Corrections Board or in the President's absence, the Deputy President"; (c) adding at the end of the section the following words:- "(2) When requested to do so by the secretary of the Queensland Community Corrections Board, the Director of Custodial Corrections and the Director of Community Corrections shall attend a meeting of the board and provide such advice and information as the board requests.

808 Corrective Services Act Amendment Act 1990, No. 38 Unless the secretary indicates otherwise, a delegate of a person requested to attend a meeting may attend instead of the person.". 10. Amendment of s. 137. Procedure at meetings . Section 137 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the word "chairman" and substituting the word "President"; (ii) adding at the end of the subsection the following words:- "If the President is not present, the Deputy President shall preside and whilst so doing shall be deemed to be the President of the board."; (b) omitting subsection (2), (3) and (4) and substituting the following subsections:- "(2) Subject to subsection (4), a quorum of the Queensland Community Corrections Board shall consist of the President or Deputy President and three other members of the board and business shall not be conducted at a meeting of the board unless a quorum is present. (3) If both the President and Deputy President of the Queensland Community Corrections Board are unable from any cause to attend a meeting of the board and four other members of the board are of the opinion that it is desirable that a meeting of the board be held to consider the exercise by the board of its powers under section 185 (1), the secretary to the board shall convene a meeting of the board. At a meeting so convened a member elected by the members present shall preside and while so doing shall be deemed to be the President of the board. (4) A quorum of the Queensland Community Corrections Board at a meeting convened pursuant to subsection (3) shall consist of any four members of the board.". 11. Amendment of s. 138 ; transitional provision . Secretary. (1) Section 138 of the Principal Act is amended, in subsection (1), by omitting the words "Public Service Management and Employment Act 1988" and substituting the words "Corrective Services (Administration) Act 1988-1990". (2) Upon the commencement of this section, the person who immediately prior to that commencement holds office as secretary to the Queensland Community Corrections Board- (a) ceases to be an officer of the public service and becomes and is an officer employed by the Commission; (b) is taken ' to be appointed to office as secretary under the Corrective Services (Administration) Act 1988-1990.

Corrective Services Act Amendment Act 1990, No. 38 809 Sections 34 (3), 36, 37 and 38 of the Corrective Services(Administration) Act 1988-1990 apply in relation to such a person as they apply in relation to the persons defined in paragraph (a) of section 34 (3) of that Act and as if a reference therein to the appointed day were a reference to the date of the commencement of this. section. 12. Repeal of and new s. 144; transitional provision . (1) The Principal Act is amended by repealing section 144 and substituting the following section:- "144. Members of regional community corrections board. (1) Each regional community corrections board shall consist of- (a) a President and Deputy President each of whom shall be- (i) a retired judge of a court of a State or a Territory of the Commonwealth or of the High Court of Australia or a court constituted under an Act of the Commonwealth; (ii) a barrister or solicitor who has practised as either barrister or solicitor for a period of at least five years; or (iii) a retired Stipendiary Magistrate; (b) an officer of the Commission nominated by the Director-General; and (c) four other members of whom- (i) one at least shall be an aborigine within the meaning of the Community Services (Aborigines) Act 1984- 1986 or an islander within the meaning of the Community Services (Torres Strait) Act 1984-1986; and (ii) one at least shall be a legally qualified medical practitioner. At least one member of the board shall be a woman. (2) A person who is- (a) appointed or authorized under this Act to be a medical officer, volunteer or official visitor; (b) a commissioner or, except in the case of the member referred to in paragraph (b) of subsection (1), an officer or employee of the Commission; (c) an officer or employee of a department of the government of the State; or (d) appointed or employed under the Police ServiceAdministration Act 1990, the Criminal Justice Act1989-1990 or the Director of Prosecutions Act 1984- 1988;

810 Corrective Services Act Amendment Act 1990, No. 38 is not qualified to be or continue as a member of a regional community corrections board. Except as provided by paragraph (a), this subsection shall not be taken to disqualify a legally qualified medical practitioner from appointment as a member of a regional community corrections board.". (2) Upon the commencement of this section, persons who immediately before the commencement hold office as members of any regional community correction board cease to hold office but this subsection is taken not to exclude any such person from reappointment if otherwise qualified. 13. Repeal of s. 145. Deputies of members . The Principal Act is amended by repealing section 145. 14. Amendment of s. 146 . Appointment of members . Section 146 of the Principal Act is amended, in subsection (1), by adding at the end of the subsection the following words:- "Persons appointed as President and Deputy President may be appointed to office as such by the notification by which they are appointed members or by another notification.". 15. Amendment of s. 147. T enure of office of members . Section 147 of the Principal Act is amended, in subsection (3), by- (a) omitting the expression ";" where it occurs at the end of paragraph (d) and substituting the expression " "• (b) omitting paragraph (e). 16. Amendment of s. 149. Meetings of board . Section 149 of the Principal Act is amended by- (a) in subsection (1), omitting the word "chairman" and substituting the words "President or in the absence of the President, the Deputy President"; (b) in subsection (2), omitting the words "at a prison situated"; (c) adding at the end of the section the following words:- "(4) When requested to do so by the secretary to a regional community corrections board, a person, not being a member of the regional community corrections board, who holds office under the Corrective Services (Administration) Act 1988-1990 as- (a) general manager or manager (programs) of any prison situated in the area of the State for which the board is established; or (b) regional manager of a community corrections region wholly or partly within the area of the State for which the board is situated;

Corrective Services Act Amendment Act 1990, No. 38 811 shall attend a meeting of the board and provide such advice and information as the board requests. A reference in this subsection to a person holding an office includes a reference to a person for the time being performing the duties of the office. Unless the secretary to a board indicates otherwise a delegate of a person requested to attend a meeting of the board may attend instead of the person.". 17. Amendment of s. 150. Procedure at meeting . Section 150 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- "(1) The President of a regional community corrections board shall preside at all meetings when present. In the President's absence, the Deputy President shall preside and whilst so doing shall be deemed to be the President of the Board."; (b) in subsection (2), omitting the word "chairman" and substituting the words "President or Deputy President"; (c) in subsection (3)- (i) omitting the words "chairman of a regional community corrections board is" and substituting the words "President and Deputy President of a regional community corrections board are"; (ii) omitting the word "chairman" where it secondly occurs and substituting the word "President"; (d) in subsection (4) omitting the words "3 members of the board other than the chairman" and substituting the words "any four members of the board". 18. Amendment of s. 151. Secretary to regional community corrections board . Section 151 of the Principal Act is amended, in subsection (4), by omitting the word "chairman" and substituting the word "President". 19. Amendment of s. 152 . Annual report , etc. Section 152 of the Principal Act is amended, in subsection (1), by omitting the word "chairman" and substituting the word "President". 20. Amendment of s. 154 . Conduct of affairs. Section 154 of the Principal Act is amended by- (a) omitting the word "chairman" where it twice occurs and substituting the word "President"; (b) adding at the end of the section the following words:- "(5) Notwithstanding any other provision of this Act, a corrections board is competent to conduct its business at a

812 Corrective Services Act Amendment Act 1990, No. 38 meeting of the board held by means of distance communication with one or more of its members, in any case where the person convening the meeting considers urgent circumstances require it. This subsection applies whether the distance communication is through a conference facility available in conjunction with the means of communication used, or through a series of communications. In this subsection "distance communication" includes communication by means of telephone, radio, telex or other facility." 21. Amendment of s. 157. Authentication of document . Section 157 of the Principal Act is amended- (a) by omitting the word "chairman" and substituting the word "President"; (b) by omitting the word "chairman's" and substituting the word "President's". 22. Amendment of s. 159 . Board to have powers of Commission of Inquiry . Section 159 of the Principal Act is amended by omitting the word "chairman" where it firstly occurs and substituting the word "President". 23. Amendment of s. 165. Release on parole. Section 165 of the Principal Act is amended, in subsection (1), by omitting from paragraph (a) (i) the words "other than" and substituting the word "including". 24. Amendment of s. 166 . Eligiblity for parole . Section 166 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- "(1) Subject to subsections (3) and (4), a prisoner to whom paragraph (a) (i) of section 165 (1) refers is not eligible for release on parole- (a) in the case of a prisoner serving a term of life imprisonment-until the prisoner has been detained for a period of 13 years; (b) in the case of any other prisoner-until the prisoner has served at least half of the term of imprisonment to which the prisoner was sentenced."; (b) in subsection (2)- (i) omitting from the general words occurring before paragraph (a) the words "the Governor in Council, upon the recommendation of the Queensland Community Corrections Board," and substituting the words "the Queensland Community Corrections Board";

Corrective Services Act Amendment Act 1990, No. 38 813 (ii) omitting the expression ";" where it occurs at the end of paragraph (b) and substitute the expression "."• (iii) omitting paragraph (c). 25. Amendment of s. 170. Removal of prisoner appearing before regional community corrections board . Section 170 of the Principal Act is amended, in subsection (1), by omitting the word "chairman" and substituting the word "President". 26. Amendment of s. 171. Custodial correctional officer may be directed to leave meeting of board . Section 171 of the Principal Act is amended, in subsection (1), by omitting the word "chairman" where it twice occurs and substituting in each case the word "President". 27. Amendment of s. 172 and transitional provision . Competency of prisoner to apply for parole. (1) Section 172 of the Principal Act is amended by- (a) in subsection (1), omitting paragraph (a) and substituting the following paragraph:- "(a) where a prior application made by the prisoner in relation to that term has been refused-within a period determined under paragraph (a) of section 174 by the Queensland Community Correctional Board or a regional community correctional board that refused the application;"; (b) in subsection (2), omitting the words "of 6 months". (2) Where an application by a prisoner to be released on parole in relation to a term of imprisonment is refused prior to the commencement of this section, section 172 of the Principal Act shall continue to apply in relation to any further application by the prisoner to be released on parole in relation to that term within a period of six months after the refusal as if this section had not been commenced. 28. Repeal of and new s. 174. The Principal Act is amended by repealing section 174 and substituting the following section:- "174. Refusal of application for parole . If the Queensland Community Corrections Board or a regional community corrections board refuses an application for parole made pursuant to this Part, the board shall- (a) determine a period of time within which a further application for parole by the applicant shall not be considered, in no case greater than a period of six months after the refusal; and (b) cause reasons in writing for the refusal to be given to the applicant.".

814 Corrective Services Act Amendment Act 1990, No. 38 29. Amendment of s. 182. Release on parole of prisoner serving term of imprisonment for life. Section 182 of the Principal Act is amended by- (a) in subsection (1), adding at the end of the subsection the following words:- "Upon the commencement of section 23 of the Corrective Services Act Amendment Act 1990, the Governor in Council's authority to release a prisoner pursuant to this subsection ceases."; (b) in subsection (2), omitting the words "the Governor in Council upon the recommendation of'. 30. Amendment of s. 185 . Cancellation etc. of parole by board. Section 185 of the Principal Act is amended by omitting subsection (4).