Offenders Probation and Parole Act of 1959 (8 Eliz Ii No. 22) (Qld)

532 PRISONS. Offenders Probation and Parole Act . 8 E liz . II. No. 22, PRISONS. (1) Offenders Probation and Parole Act of 1959 8 Eliz. II. No. 22 (2) Prisons Act of 1958 .. .. .. .. 7 Eliz. II. No. 64 8 N E o l . iz 2 . 2 I . I. An Act to Make Provision for the Release of Offenders T he O ffenders on Probation, to Provide for the Establishment of P robation and P arole A ct of 1959. a Parole Board, and for other purposes. [A ssented to 16 th A pril , 1959.] E it enacted by the Queen’s Most Excellent Majesty, B by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— Short title. 1. (1.) This Act may be cited as “ The Offenders Probation and Parole Act of 1959.” Commence­ *(2.) This Act shall come into operation on a date ment of Act. to be fixed by the Governor in Council by Proclamation published in the Gazette. Application (3.) This Act shall not apply to or with respect to of Act. any child who is convicted of an offence and this Act shall be read and construed so as not to limit or otherwise affect the provisions of f“ The Children's Courts Acts , 1907 to 1930,” and J“ The State Children Acts, 1911 to 1955,” as respects the release on probation of a child convicted of an offence. Repeal. 2. §“ The Prisoners' Parole Act of 1937,” and ||“ The Prisoners' Parole Act Amendment Act of 1943,” are repealed. Meaning of terms. Board. Chief Pro­ bation Officer. 3. In this Act, unless the context otherwise indicates or requires, the following terms shall have the meanings respectively assigned to them, that is to say :— “ Board ’’—The Parole Board constituted under this Act; “ Chief Probation Officer ”—Includes any person who for the time being occupies the office or performs the duties of the Chief Probation Officer;* * * § * Commenced 14 Sept., 1959. (Proc. pubd. Gaz. 22 Aug., 1959, p. 2347.) f 7 E. 7 No. 3 and amending Acts. } 2 G. 5 No. 11 and amending Acts. § 1 G. 6 No. 20. || 7 G. 6 No. 3.

PRISONS. 533 1959. Offenders Probation and Parole Act. “ Child ”—A boy or girl under the age or apparent Child, age of seventeen years; “ Commissioner of Police ”—The Commissioner „ of Pohce appomted under * The Police Acts, of Police. 1937 to 1958 The term includes any person who under or pursuant to those Acts for the time being occupies the office or performs the duties of the Commissioner of Police ; “ Comptroller-General of Prisons ”—The ComptroUer- Comptroller-General of Prisons within the prSons. ° meaning of section four of f“ The Prisons Act of 1958 The term includes any person who under or pursuant to that Act for the time being acts temporarily as the Comptroller- General of Prisons ; “ District Court ”—A District Court within the District meaning of section three of J“ The District Court' Courts Act of 1958 “ Minister ”—The Minister for Justice and Minister. Attorney-General or other Minister of the Crown for the time being charged with the administration of this Act; “ Offence ”—Any offence whether triable on offence, indictment or summarily; “ Parole officer ”—A parole officer appointed ^rc°^ under this Act: The term includes a parole ‘ officer, an honorary parole officer and any person appointed for the time being to perform the whole or any part of the duties of a parole officer; “Prison”—A prison within the meaning of Prison- section four of f“ The Prisons Act of 1958 “ Probation officer ”—A probation officer Probation appointed under this Act: The term includes offlcer- the Chief Probation Officer, a stipendiary probation officer, an honorary probation officer and any person appointed for the time being to perform the whole or any part of the duties of a probation officer; * 1 G. 6 No. 12 and amending Acts, t 7 Eliz. 2 No. 64. x 7 Eliz. 2 No. 66.

534 PKISONS. Offenders Probation and Parole Act. 8 E liz . II. No. 22, Secretary Under Secretary. “ Secretary ”—The secretary to the Board, including any person who for the time being occupies the office or performs the duties of the said secretary ; “ Under Secretary ”—The Permanent Head of the Department administered by the Minister. Appoint* ment of officers. 4. (1.) The Governor in Council may from time to time appoint under and for the purposes of this Act a Chief Probation Officer, a secretary to the Board, and such and so many stipendiary probation officers, parole officers and other officers as may be deemed necessary for the effectual administration of this Act. Appointees as aforesaid shall be appointed and hold their respective offices under, subject to, and in accordance with *“ The Public Service Acts, 1922 to 1958.” (2.) The Governor in Council may from time to time appoint fit persons to be honorary probation officers and honorary parole officers for the purposes of this Act and may at any time remove any person so appointed. (3.) A person may be appointed under and for the purposes of this Act to hold one or more offices. (4.) An officer of the Public Service may, in addition to the position which he holds for the time being therein, be appointed also to an office under this Act or to perform such duties under this Act as the Governor in Council may direct or as may be prescribed, and in respect of the performance of such duties shall be deemed to be an officer appointed under this Act. Any officer appointed under this Act may hold his office in conjunction with any other office in the Public Service. (5.) Any of the appointments (other than that of Chief Probation Officer) under this section may be made in respect of any locality or district specified by the appointment, but unless the Governor in Council otherwise directs by the appointment, any such officer may exercise and discharge his powers, authorities, duties and functions under this Act in any part of the State notwithstanding that he has been appointed in respect of a specified locality or district. * 13 G. 5 No. 31 and amending Acts.

PRISONS. 535 1959. Offenders Probation and Parole Act. (6.) Any appointment as an officer under this Act may be made by the appointment of the holder for the time being of an office under the Crown in the right of this State, specifying the office but without naming the holder; and in every such case each successive holder of the office in question and each person who for the time being occupies or performs the duties of that office shall without further appointment or other authority, and while he holds or occupies or performs the duties of that office, be an officer under this Act in terms of such appointment. (7.) No probation officer, parole officer, or other officer appointed under this Act, shall be liable to any action or suit whatsoever in respect of any act or thing done or omitted to be done, in good faith and without negligence, in the exercise or purported exercise of any power or duty conferred or imposed on the officer by or under this Act or any other Act. 5. (1.) The Chief Probation Officer and all^^f011 stipendiary and honorary probation officers shall in ” relation to any probation order be subject to direction by the Court by which the probation order was made, but shall otherwise be under the control of the Under Secretary, and all stipendiary and honorary probation officers shall be under the immediate control of the Chief Probation Officer. (2.) The functions, powers and duties of the Chief Functions, Probation Officer and of stipendiary and honorary duties8 &n probation officers shall be as prescribed by this Act. 6 . ( 1 .) The Chief Probation Officer shall when so ^™rats for required by any Court cause to be prepared and °our s' submitted to that Court such reports upon and information with respect to any convicted person as the Court requires. (2.) The Chief Probation Officer shall once in every year within such period as is prescribed make to the probation, Minister a report as to— &c- (a) The number of persons placed on probation during the prescribed period of twelve months, the number of probation orders discharged during the said period and the number of persons sentenced during the said period

536 PRISONS. Offenders Probation and Parole Act. 8 E liz . II. No. 22, by reason of breaches of probation orders (including convictions for offences committed during the probation period); and (6) The operation of this Act with respect to probation and the activities of probation officers generally during the said period. Appoint­ ment of Deputy- Chief Probation Officer. 7. During the absence from duty of the Chief Probation Officer by reason of illness, leave of absence or other cause, or during any vacancy in the office of the Chief Probation Officer, the duties, powers and authorities of the Chief Probation Officer may be performed and exercised by a Deputy Chief Probation Officer appointed by the Governor in Council (whether generally or in respect of any particular period of absence from duty of, or vacancy in the office of, the Chief Probation Officer). Power to make probation orders. 8. (1.) Where any person is convicted by the Supreme Court, or any District Court, or any court of petty sessions of any offence punishable by a term of imprisonment otherwise than in default of payment of a fine and the Court is of opinion that having regard to the circumstances including the nature of the offence and the character and personal history (inclusive of home surroundings and other environment) of the offender it is expedient to do so, the Court may instead of sentencing him make a probation order, that is to say, an order requiring him to be under the supervision of a probation officer for such period (hereinafter called the “ probation period ”), being not less than one year and not more than five years, as is specified in the order : Provided that the provisions of this subsection one shall not apply to or with respect to any offence which is a crime the punishment for which cannot be mitigated or varied under section nineteen of *“ The Criminal Code.” Appoint­ (2.) Every probation order shall appoint a court msuepnetrvoifsing of petty sessions, being the court of petty sessions Court. nearest to the place where the probationer intends to reside or being the court of petty sessions which the Court tnaking the order deems most convenient in the circumstances, to be the supervising Court in respect of the order, and the court of petty sessions so appointed * 63 V. No. 9. Sch. I.

PRISONS. 537 1959. Offenders Probation and Parole Act. or such other court of petty sessions as is substituted therefor as hereinafter provided shall for all the purposes of this Act be the supervising Court in respect of that order. (3.) Every probation order shall require the probationer to report himself in person where directed in the order within twenty-four hours after his release on probation. (4.) A probation order may in addition require Additional the offender to comply during the whole or any part of the probation period with such requirements (including without prejudice to the generality of the expression, a requirement that the offender submit himself to medical, psychiatric or psychological treatment) as the Court considers necessary for securing the good conduct of the offender or for preventing a repetition by him of the same offence or the commission of other offences. (5.) Without prejudice to the generality of the last Require- preceding subsection a probation order may include residence.*0 requirements relating to the residence of the offender : Provided that— (а) Before making an order containing any such requirements the Court shall consider the home surroundings of the offender ; and (б) Where the order requires the offender to reside in an institution the name of the institution and the period for which he is so required to reside shall be specified in the order. (6.) Before making a probation order the Court Nature of shall explain or cause to be explained to the offender explained to in ordinary language the effect of the order (including offender, any additional requirements proposed to be inserted therein under subsection four or subsection five of this section) and that if he fails to comply with the requirements of the order or commits another offence during the probation period he will be liable to be sentenced for the original offence ; and the Court shall not make the order unless the offender expresses his willingness to comply with the requirements thereof. (7.) The Court by which a probation order is made Notification shall forthwith cause a copy of the order to be given to the offender and to be sent to the Chief Probation

538 PRISONS. Offenders Probation and Parole Act. 8 E liz . II. No. 22, Officer and to the person in charge of any institution in which the probationer is required by the order to reside ; and the Court shall, except where the Court is itself the supervising Court, also cause to be sent to the clerk of the supervising Court a copy of the order and such documents and information relating to the case as it considers likely to be of assistance to the supervising Court. poAfrsosbigantmionent prob(a8ti. ) onThoefficCerhiteof bPerotbhaetiopnrobOatfifoicnerofsfihcaelrl inasrseigspnecat officers. of the order and to supervise the probationer during the operation of the order, and the Chief Probation Officer may from time to time so assign another probation officer in respect of the order in lieu of the probation officer previously assigned. First 9. (1.) A person convicted of any offence shall hot roeffceongdneizra’ snce be released upon his entering into a recognizance pursuant or to the provisions of subsection nine of section nineteen rtoecaopgnpeizaarnce or subsection two of section six hundred and fifty-six and receive of *“ The Criminal Code ” if in the opinion of the Court ijfudcaglmleednt he could properly and conveniently be released on upon not probation pursuant to this Act. to be used where probation (2.) Any recognizance entered into by an offender appropriate. pursuant to the provisions of subsection seven of section nineteen or subsection 2 a of section six hundred and fifty-six of *“ The Criminal Code ” shall, unless the Court, deeming fit, directs otherwise, contain a condition that the offender be under the supervision of a probation officer during the period, being not less than one year and not more than five years, as is specified in the recognizance and such other conditions for securing such supervision as may be specified therein and the provisions of this Act with respect to probation orders shall so far as applicable and subject to all necessary adaptations extend and apply to any such recognizance so conditioned. roCefofenrsetnrucecstion refere1n0c.e Itno tthhee Cfoolulortwbinyg wphriocvhisaionpsroboaftitohnisoArdcetr awnays tboyCwohuircth made shall be deemed to include a reference— probation (a) Where the order was made by the Supreme order made. Court—to any sitting of the Supreme Court in its criminal jurisdiction at any place in Queensland; * 63 V. No. 9, Sch. I.

PRISONS. 1959. Offenders Probation and Parole Act. (b) Where the order was made by a District Court —to a District Court sitting within or for the District in which the order was made ; (c) Where the order was made by a court of petty sessions—to any court of petty sessions sitting at the place at which the order was made, notwithstanding that the Judge or justices constituting the Court may not be the same as made the order originally. 539 11. (1.) The Court by which a probation order was made may upon application made by the probation order, officer or by the probationer discharge the order. of (2.) Upon the expiration of the probation period without failure by the probationer to comply with the probation requirements of the order and without the commission period, by him of any offence, whether in Queensland or elsewhere, the order shall ipso facto be discharged without further action by any Court. (3.) Where a probation order is discharged, whether by the Court or by the operation of the last preceding subsection, the probationer shall be thereby released from any further obligation or liability in respect of the order and of the offence in respect of which it was made. (4.) Where under the following provisions of this ^^rge ®f Act a probationer is sentenced for the offence for which sentence. he was placed on probation the probation order shall be of no further effect. (5.) This section and everj other provision of this Act applies so as not to prejudice or affect howsoever any civil liability incurred by any person in respect of any act or omission which constitutes an offence. 12. (1.) If the supervising Court is satisfied that a Institution probationer has changed or proposes to change his place “uprising of residence so that some other court of petty sessions is Court, or will be the nearest court of petty sessions to the probationer’s place of residence or the most convenient in the circumstances, the supervising Court may by order amend the probation order by substituting such other court of petty sessions as the supervising Court in lieu of the Court originally appointed.

540 PRISONS. Offenders Probation and Parole Act. 8 E liz . II. No. 22, (2.) Where a probation order is so amended the Court making the amending order shall send to the clerk of the new supervising Court a copy of the order together with such documents and information relating to the case as it considers likely to be of assistance to that Court. ooArfmdpeerrno. dbmateionnt upon1a3p.p(l1ic. ) atTiohne msuapdeervbiysintgheCporuorbt amtioayn aoftfiacnery otrimbey, the probationer himself, by order amend the probation order by cancelling any of the requirements thereof or by inserting therein (either in addition to or in substitution for any such requirement) any requirement which could be included in the order if it were then being made by the Court in accordance with the provisions of this Act: Provided that— (a) The supervising Court shall not amend a probation order by reducing the probation period or by extending the probation period beyond the end of five years from the date of the original order ; and (b) The supervising Court shall not, except with the consent of the probationer, so amend the probation order that the probationer is thereby required to reside in any institution. Copies of order. (2.) On the making by the supervising Court of an order amending a probation order the clerk of the supervising Court shall forthwith give copies of the amending order to the probation officer and the probation officer shall give a copy to the probationer and a copy to the person in charge of any institution in which a probationer is or was required by the order to reside. Probation­ 14. Where the supervising Court proposes to amend earm’seansdsmenetntto. a probation order otherwise than on the application of the probationer it shall summon him to appear before the Court, and the Court shall not amend a probation order unless the probationer expresses his willingness to comply with the requirements of the order as amended : Provided that this section shall not apply to an order cancelling any requirement of the probation order or reducing the period of any requirement or substituting another supervising Court.

PRISONS. 541 1959. Offenders Probation and Parole Act. 15. (1.) If at any time during the probation period Brr®^i(°[ it is made to appear on complaint to a justice that the order1 Ion probationer has failed to comply with any of the °^®r^ise requirements of a probation order the justice may issue conviction, a summons requiring the probationer to appear at a court of petty sessions, being either the supervising Court, or, where the order was made by a court of petty sessions, that court of petty sessions, at the time specified therein, or may, if the complaint is in writing and on oath, issue a warrant for his arrest directing that he be brought before a court of petty sessions, being one of the said courts, as soon as practicable after his arrest. (2.) If it is proved to the satisfaction of the court of Powers of petty sessions before which a probationer appears or is courfaTof brought under this section that the probationer has failed petty to comply with any of the requirements of the probationsessions- order that court may— (a) Without prejudice to the continuation of the probation order, impose on him a fine of not more than Ten pounds ; or (b) If the probation order was made by a court of petty sessions—deal with the probationer for the offence in respect of which the probation order was made in any manner in which the court could deal with him if it had just convicted him of that offence ; or (c) In any other case—commit him to custody or release him on bail (with or without sureties) to be brought or to appear before the Court by which the order was made. (3.) Where a court of petty sessions exercises the As to power referred to in paragraph (c) of the last preceding ^hen ura subsection then the said court shall send to the Crown committed Solicitor a certificate signed by a justice certifying that the appearat*0 probationer has failed to comply with such of the Supreme requirements of the probation order as are specified in DistHcT the certificate together with such other particulars of the Court, case as the court thinks desirable ; and a certificate purporting to be so signed shall be admissible as evidence before any court of the failure and of the other particulars to which it relates. (4.) Where the probationer is brought or appears Powers of before the Supreme Court or a District Court and it couTand is proved to the satisfaction of the Judge thereof that he District has failed to comply with any of the requirements of the Court’

542 PRISONS. Offenders Probation and Parole Act. 8 E liz . II. No. 22, Fines. Saving. probation order the Court may deal with him for the offence in respect of which the probation order was made in any manner in which the Court could deal with him if he had just been convicted before that Court of that offence. (5.) A fine imposed under this section in respect of failure to comply with the requirements of the probation order shall be deemed for all purposes to be a fine adjudged to be paid upon a conviction for an offence. (6.) Without prejudice to the provisions of the next succeeding section a probationer who is convicted of an offence committed during the probation period shall not on that account be liable to be dealt with under this section for failing to comply with any requirements of the probation order. Breach of order by oonviction. As to summons warrant. 16. (1.) If it is made to appear on complaint to a justice that a person in whose case a probation order has been made has been convicted in Queensland or elsewhere of an offence committed during the probation period and has been dealt with in respect of that offence, the justice may issue a summons requiring that person to appear at the time and place specified therein or, where the complaint is in writing and on oath, may issue a warrant for his arrest. (2.) A summons or warrant issued under this section shall direct the person so convicted to appear or to be brought before the Court by which the probation order was made : Provided that— (a) If that Court is a court of petty sessions the summons or warrant may direct him to appear or to be brought before the supervising Court; and (b) If the warrant is issued requiring him to be brought before the Supreme Court or a District Court and he cannot forthwith be brought before that Court because it is not then being held, the warrant shall have effect as if it directed him to be brought before a court of petty sessions and that court shall commit him to custody or release him on bail, with or without sureties, to be brought or to appear before the Supreme Court or District Court (as the case requires).

PRISONS. 543 1959. Offenders Probation and Parole Act. (3.) If a person in whose case a probation order has Powers of been made by any Court is convicted and dealt with by co^LtSm of another Court in respect of an offence committed during a persoa the probation period, that other Court may commit him probation to custody or release him on bail, with or without sureties, period, to be brought or to appear before the Court by which the order was made or (if the order was made by a court of petty sessions) before the supervising Court; and if it does so that other Court shall send to the Crown Solicitor or the appropriate clerk of petty sessions (as the case may require) a certificate of the conviction signed by the proper officer of that Court. Any such certificate purporting to be so signed shall be admissible as evidence before any Court that the probationer has been convicted and dealt with in respect of the offence therein specified committed in Queensland during the probation period. (4.) Where— Powers of (a) A probationer is convicted of and dealt with in which order respect of an offence committed during the made probation period either by the Court by court?18™8 which the probation order was made or (if the probation order was made by a court of petty sessions) by the supervising Court; or (b) It is proved to the satisfaction of the Court by which the probation order was Jmade or (if the probation order was made by a court of petty sessions) to the satisfaction of the supervising Court that the probationer has been convicted of and dealt with in respect of an offence committed in Queensland or elsewhere during the probation period, such Court or such supervising Court (as the case may be) may deal with the probationer for the offence for which the order was made in any manner in which it could deal with him if he had just been convicted by or before that Court of that offence. (5.) If a probationer in whose case the probation |owera of order was made by a court of petty sessions is convicted court™6 before the Supreme Court or a District Court of an ^tricfc offence committed during the probation period the court? Supreme Court or District Court may deal with him for the offence for which the order was made in any manner

544 PRISONS. Offenders Probation and Parole Act. 8 E liz . II. No. 22, in which the court of petty sessions could deal with him if it had just convicted him of that offence, and any sentence imposed shall be regarded as the sentence of the court of petty sessions except that for the purposes of any appeal against that sentence it shall be regarded as a sentence imposed on a conviction on indictment and the provisions of Chapter LXVII. of *“ The Criminal Code,” so far as applicable, shall apply accordingly. qJdueucdeisgdteeiotnos as Distr1ic7t.CIonurptroucnedeedrinthges bfoerfeogroeinthgepSrouvpirseiomnes CofotuhritsoAr cat pt& orco.bbraetaiocnh, ol waniythqtuheestrieoqnuiwrehmetehnetrs aofprthobeaptiroonbeartihoansofradileerdotrowchomethpelyr a probationer has been convicted of an offence committed during the probation period shall be determined by the Judge and not by the verdict of a jury. Application of Justices 18. (1.) The provisions of f“ The Justices Acts, Acts to 1886 to 1958,” shall, so far as applicable and subject ascuonmmd mploaninstess, ttoo sauncdh waditahptraetsiopnecstatsoaraell nceocmespslaariyn, tse, xstuenmdmaonndsesapapnldy Awunacdtr. erarntthsis wAcatr,raanntds froerfetrhreedputorpoinsetshoef fsourcehgoaipnpglipcraotivoinsioenvseroyfstuhcihs complaint shall be regarded as a complaint for an offence and every such summons shall be regarded as a summons to answer to a complaint. AAofpcJtpsulistcotaictieosn fourt(e2e.n) tToheoneprhouvnisdiroends aonfd tswecetniotyns-twoone(bhouthndinrceldusiavned) bthaiisl Auncdt. er aopfptli“ca T b h l e e J a u n s d tice s s ub A j c e t c s t , 1to886su to ch19a5d8a, ” ptsahtiaolnl sso afsaraares necessary extend and apply to and with respect to the admission of probationers to bail pursuant to the foregoing provisions of this Act, and for the purposes of such application every such probationer shall be regarded as a person charged with an indictable offence and directed to be tried therefor. Application (3.) The provisions of section thirty-one of The Pofritshoens Act Prisons Act of 1958 ” shall extend and apply to and with to prisoners respect to the case of a prisoner who is detained under wchiathrgebdreach that Act and who is charged with the breach of a probation of order. probation. * 63 V. No. 9, Sch. I. t 50 V. No. 17 and amending Acts. t 7 Eliz. 2 No. 64.

PRISONS. 545 1959. Offenders Probation and Parole Act. 19. (1.) Except as hereinafter provided a conviction Convfction for an offence in respect of which a probation order is probation made under this Act shall be deemed not to be a conviction g^nted t0 for any purpose (including, without limiting the generality ^regarded of the foregoing, the purposes of any enactment imposing for certain or authorising or requiring the imposition of any purposea‘ disqualification or disability on convicted persons) except in relation to— (a) The making of the order ; (b) Any subsequent proceedings which may be taken against the offender under the foregoing provisions of this Act; (c) The remission or mitigation of sentences for good conduct and industry under *“ The Prisons Act of 1958,” including the regulations thereunder; and (d) Any proceedings against the offender for a subsequent offence. (2.) Where an offender is subsequently dealt with under this Act for the offence in respect of which the probation order was made the provisions of the last preceding subsection shall cease to apply to the conviction. (3.) The foregoing provisions of this section shall Saving, not affect any right of any offender to appeal against his conviction or to rely thereon in bar of any subsequent proceedings for the same offence or the reyeSting or restoration of any property in consequence of the conviction. (4.) Any person who feels himself aggrieved by a As to appeal summary conviction of a court of petty sessions in respect of which a probation order is made may, pursuant to a court of Part IX. of f“ The Justices Acts, 1886 to 1958,” appeal against that conviction notwithstanding that no fine, on which penalty or forfeiture is imposed thereby. granted*1 20. (1.) There shall be a Parole Board constituted Establish- as hereinafter provided. ^Parole -------------------------------- ——-------- ----------— .......................................................... Board. * 7 Eliz. 2 No. 64. f 50 V. No. 17 and amending Acts. S

546 PRISONS. Offenders Probation and Parole Act. 8 Euz. II. No. 22, (2.) The Board shall consist of— (а) A Judge of the Supreme Court nominated with his consent by the Chief Justice of the Supreme Court either generally or for a specified term ; (б) The Under Secretary, Department of Justice, or the person for the time being acting as or performing the duties of the said Under Secretary ; (c) The Comptroller-General of Prisons ; and (d) Three other members (of whom one shall be a duly qualified medical practitioner or a psychologist and one shall be a woman) appointed by the Governor in Council. Death or resignation 21. (1.) If the Judge of the Supreme Court of Judge nominated by the Chief Justice as aforesaid dies or oanf dvafcilalinncgy. retires, his office as a member of the Board shall become vacant and the Chief Justice may (with the consent of the Judge to be nominated) nominate another Judge of the Supreme Court as a member of the Board in his stead. Temporary nomination (2.) The Chief Justice may (with the consent of the of Judge. Judge to be nominated) nominate a Judge of the Supreme Court to act temporarily as a member of the Board during the absence through illness or other cause of the Judge who is a member of the Board or during a vacancy in that office, and the Judge so nominated shall whilst so acting have all the powers and functions of and for all purposes be deemed to be a member of the Board. Vacation of (3.) A member shall be deemed to have vacated moffeimcebaesr on his office as such member if, being a member by virtue ceasing to of the holding of an office referred to in paragraphs ahpolpdoicnetr­ tain (b ) or (c) of subsection two of section twenty of this ments. Act he ceases to hold either of the offices mentioned in the said paragraphs. Term of (4.) The persons appointed by the Governor in oofffiacpepointed Council to be members of the Board (hereinafter called members. “ the appointed members ”) shall hold office as such members for such period not exceeding three years as the Governor in Council determines prior to their appointments, but each such person shall upon the expiration of the period for which he was so appointed be eligible for re-appointment.

PRISONS. 547 1959. Offenders Probation and Parole Act. (5.) The Governor in Council may at any time remove ^[th or1’ any appointed member of the Board from office, and resignation upon any such removal or upon the death or resignation ointed of an appointed member the Governor in Council may members appoint a person to fill the vacancy arising from such filUns removal, death or resignation. vacancies. (6.) The Governor in Council may appoint any person Temporary to act temporarily as a member of the Board (jluring the mint™ absence through illness or other cause of aijiy of the appointed members thereof or during a vacancy in the office of an appointed member, and any person so appointed shall while so acting have all the powers and functions of and for all purposes be deemed to be a member of the Board. (7.) (a) The several members of the Board other than the chairman shall receive such remuneration, if any, for their services as may be prescribed. ( b ) The several members of the Board shall receive such travelling expenses as may be prescribed. (8.) No person shall be concerned to inquire whether ^dity of or not any occasion has arisen requiring or authorising persons a person to act in the place of a member or as to the actingas necessity or propriety of any appointment of a deputy ; epu ies' and all acts or things done or omitted by a person when so acting as aforesaid shall be as valid and effectual and shall have the same consequences as if the same had been done or omitted by the member in whose place such person is acting. 22. (1.) The Judge of the Supreme Court who is chairman, a member of the Board shall ex officio be chairman of the Board. (2.) A quorum of the Board shall consist of the Quorum, chairman and at least three other members of the Board, and any duly convened meeting at which a quorum is present shall be competent to transact any business of the Board and shall have and may exercise all the powers, authorities, duties and functions of the Board. 23. (1.) Meetings of the Board shall be held at Meetings, such times and places as are prescribed or, in the absence of any such prescription, as are fixed by the chairman. (2.) Any question of law arising before the Board Questions shall be decided by the chairman alone. of law.

548 PRISONS. Offenders Probation and Parole Act. 8 E i . iz . II. No. 22, Majority decisions. (3.) Upon any other matter the decision of a majority of members present at any meeting shall be the decision of the Board upon that matter, and in the event of an equality of votes upon any matter at any meeting the chairman shall have a second or casting vote. Procedure. (4.) Subject to this Act the Board may determine its own procedure. Defects in appoint­ (5.) No act or proceeding of the Board shall be ment not to invalid or illegal in consequence only of the number ipnrvoacleieddaitnegs of the members of the Board not being complete at the of Board. time of such act or proceeding. All acts and proceedings of the Board shall, notwithstanding any defect in the appointment of any member thereof, or that any member was disqualified or disentitled to act, be as valid as if every such member had been duly appointed and was qualified and entitled to act and had acted as a member of the Board, and as if the Board had been properly and fully constituted. Judicial notice. 24. (1.) All Courts and persons having by law or consent of parties authority to hear, receive and examine evidence shall— (a) Take judicial notice of the signature of every person who is a member or the secretary of the Board attached or appended to any document by virtue of this or any other Act; and (b) Until the contrary is proved presume that every such signature is properly attached or appended thereto. Certificates (2.) A certificate signed by the secretary of the ooff Bseocarredta. ry Board purporting to record any determination or decision of the Board upon a matter within its competence shall be primd facie evidence of the making of that determination or decision by the Board. Powers, 25. The powers, duties and functions of the Board fduuntcietisoannsd. shall be such as are prescribed by or under this or any other Act.

PRISONS. 549 1959. Offenders Probation and Parole Act. 26. (1.) The Board shall be the successor of the B^rdTfby Prisoners’ Parole Board of Queensland constituted under powers of *“ The Prisoners' Parole Acts, 1937 to 1943,” and, in Parole relation to any parole certificate issued to a prisoner Queensland, pursuant to the provisions of the said Acts and subsisting at the commencement of this Act, any function, power or duty which before the commencement of this Act was authorised or required to be exercised or carried out by the said Prisoners’ Parole Board of Queensland, or the chairman or any member or members thereof shall, after the said commencement be authorised or required (as the case may be) to be exercised or carried out by the Board or the chairman or any member or the corresponding number of members of the Board (as the case may be) so far as may be necessary to give effect to the provisions of this Act. ' I (2.) Any act, matter or thing done or comnlienced by or in relation to the Prisoners’ Parole Board of Queensland or the chairman or any member or members thereof before the commencement of this Act may be carried on and continued by or in relation to the Board or the chairman or any member or the corresponding number of members of the Board (as the case may be) so far as may be necessary to give effect to the provisions of this Act. 27. Any parole certificate issued to a prisoner ^n^gnce pursuant to the provisions of *“ The Prisoners' Parole certificates. Acts, 1937 to 1943,” and subsisting at the commencement of this Act shall, subject as hereinafter provided and so far as is consistent with this Act, continue without prejudice to the terms, provisions, conditions and limitations, if any, thereof for the purposes of this Act in force as fully and effectually as if it had originated under the corresponding provisions of this Act and shall, where necessary, be deemed to have so originated and the same consequences shall ensue to the person to whom such certificate was issued and the Board may do and take all steps and things in relation thereto in all respects as if that certificate were a parole order in respect of that person made by the Board pursuant to the provisions of this Act. * 1 G. 6 No. 20 and amending Acts.

550 PRISONS. Offenders Probation and Parole Act, 8 E liz . II. No. 22, Board to 28. For the purpose of carrying out its functions hofave powers and duties under this Act the Board and the chairman commis­ thereof shall respectively have and may exercise the sioners under powers conferred by *“ The Commissions of Inquiry Acts, commission 1950 to 1954,” upon a commission under and within the itshseued by meaning of the said Acts, and upon the chairman of such Governor in a commission and the provisions of the said Acts with all Council. necessary adaptations, shall apply to and in relation to the Board and the chairman thereof accordingly. mBSaoevamirnbdgerforsofomf actio2n9o.r Nsuoitmwemhabtseor eovfetrhien Breosapredcsthoafllabney laiacbtleortothainnyg liability. done or omitted to be done in the exercise or purported exercise of any power or duty conferred or imposed on the Board or on any member or members of the Board by or under this Act or any other Act. Annual reports. 30. (1.) The Board shall once in every year within such period as is prescribed make to the Minister a report as to— (а) The number of persons released on parole during the prescribed period of twelve months, the number declared to be habitual criminals so released during the said period, and the number returned to gaol upon cancellations of parole during the said period; and (б) The operation of.this Act with respect to parole and the activities of the Board and of parole officers generally during the said period of twelve months. fpRoeeurpnsoodrntss on when(e2v. ) erTshoereBqouairrdeds, hinallworinticneg,infuervneisrhy tyoeathr,e aMndiniasltseor nionfodticgtuaibltlye aperrseopnowrthoanwdasroecrdoemremde, npduartsiuoanntwtiothsercetisopnecstixtohunedvreerdy ooofnffiengnrscaoeunsnitdy, satnrdicftorctuys-tsoedvyenuonftifl“ H Th er e C M r a im je i s n ty al ’s C p o l d e e a, ” sutroe bise kkenpotwinn or on certain and who is for the time being in custody pursuant to pdeertasoinnesd that section and with respect to every person who was Mpdluearajisenusgtrye’ H. s er Mdiraejcetsetyd’stoplbeeasudreetaipnuedrsuianntantoinsPtiaturttioInV. duorfinJg“ H Th e e r Criminal Law Amendment Act of 1945,” and who is for the time being so detained. * 15 G. 6 No. 2 and amending Acts, t 63 V. No. 9, Sch. I. f 9 G. 6 No. 11.

PRISONS. 551 1959. Offenders Probation and Parole Act. (3.) The Board shall, whenever so required, in ®epe°^ writing, furnish to the Minister a report upon any specialrepor s- matter relating to the operation of this Act or to the exercise of any power or function of the Board. 31. (1.) Parole officers shall in relation to any Direction parole order be subject to direction by the Board, but of parole™* shall otherwise be under the control of the Under officers. Secretary. (2.) The functions, powers and duties of parole Functions, officers shall be as prescribed by this Act. duUesS0f parole officers. 32. (1.) The Board may in its discretion by order Release in writing (hereinafter called a “parole order ”) onparo®‘ direct that— (a) A prisoner, not being an habitual criminal, undergoing a sentence of imprisonment other than a sentence of imprisonment, either with or without hard labour, for life ; (b) A prisoner, being an habitual criminal, who, having completed a sentence of imprisonment, is being detained during Her Majesty’s pleasure ; and (c) A prisoner directed so to be and detained in an institution for a period fixed by a Judge pursuant to the provisions of Part IV. of *“ The Criminal Law Amendment Act of 1945 ”, be released from prison on parole at the time specified in the order and he shall be released accordingly: Provided that unless the Governor in Council, upon the recommendation of the Board, otherwise determines— (i.) A prisoner to whom paragraph (a) of this subsection one refers, shall not be eligible for release on parole until the prisoner shall have undergone one-half at least of the sentence of imprisonment which he is so undergoing; (ii.) A prisoner to whom paragraph ( b) of this subsection one refers, shall not be eligible for release on parole until the prisoner shall have been so detained during a period of two years; * 9 G. 6 No. 11.

552 PRISONS. Offenders Probation and Parole Act. 8 E liz . II. No. 22, (iii.) A prisoner to whom paragraph (c) of this subsection one refers shall not be eligible for release on parole until the prisoner shall have been so detained during one-half of the period for which he was so directed to be detained; and (iv.) A prisoner undergoing a sentence of imprisonment not exceeding six months shall not be eligible for release on parole: Provided further that the Board may cancel, amend or vary any parole order before the prisoner has been released thereunder, and any order so amended or varied shall apply accordingly. Require­ ments of parole order. (2.) Any person so released shall during the period from his release until the expiration of his term of imprisonment or the period during which he was ordered or directed to be detained as aforesaid or, in the case of an habitual criminal, such period not exceeding two years as may be fixed by the Board (hereinafter called the “ parole period ”) be under the supervision of a parole officer and shall comply with such requirements as are specified in the parole order in accordance with the regulations. Assignment (3.) The Board shall assign a parole officer to oofffipcaerros. le supervise the prisoner during the parole period and may from time to time so assign another parole officer in lieu of the parole officer previously assigned. Release on parole of prisoner serving life sentence. 33. The Governor in Council may, upon the recommendation of the Board, release on parole a prisoner undergoing a sentence of imprisonment, either with or without hard labour, for life, and the provisions of this Act relating to release of prisoners on parole shall with all necessary adaptations be applicable to a prisoner released upon parole under this section. Persons on parole deemed still under sentence. 34. If the parole period elapses without the making by the Board of an order cancelling the prisoner’s parole or the commission by the prisoner, whether in Queensland or elsewhere, of any offence for which he is sentenced to

PRISONS. 1959. OffendersProbationandParoleAct. imprisonment (whether during or after the parole period) the prisoner shall be regarded as having served his term of imprisonment or detention and shall ipso facto be wholly discharged therefrom or, in the case of an habitual criminal, shall cease to be an habitual criminal; but until the parole period so elapses or until he is otherwise discharged from his sentence of imprisonment, detention for a period or detention during Her Majesty’s pleasure, a person released on parole shall be regarded as being still under sentence or detention and as not having suffered the punishment to which he was sentenced or as not having undergone detention during the period for which he was ordered to be detained or, irpt the case of an habitual criminal, as being an habitual criminal and liable to be further detained during Her Majesty’s pleasure. 553 35. (1.) Where a prisoner, including a prisoner Cancellation referred to in section thirty-three of this Act, i|s released tSt on parole as aforesaid the Board may in its discretion Board. at any time before the expiration of the parole period by order cancel, amend or vary his parole and the parole order as so amended or varied shall apply accordingly. (2.) Where the prisoner is sentenced to another term rw«iw.i«n of imprisonment in respect of any offence committed °on^y®nby during the parole period, whether in Queensland or elsewhere, his parole shall ipso facto be cancelled notwithstanding that the parole period may already have elapsed. (3.) Where a prisoner’s parole is cancelled, whether warrants for by order of the Board or by the operation of the last™^e^to preceding subsection, the Board may, whenever necessary, prison, by warrant signed by any two members of the Board authorise any member of the Police Force or other officer to apprehend the prisoner and return him to a prison or institution as the case requires to serve the unexpired portion of his term of imprisonment or detention or, in the case of an habitual criminal, to be further detained

554 PRISONS. Offenders Probation and ParoleAct. 8 E liz . II. No. 22, during Her Majesty’s pleasure, and such warrant shall be sufficient authority for his apprehension and for his return to prison or an institution accordingly. Where (4.) Where a prisoner’s parole is so cancelled the pcaanrocleelled, original warrant of commitment or other authority for his time on imprisonment, detention for a period or detention during ptoarcooleunntotas Her Majesty’s pleasure, shall again be in force and no part of part of the time between his release on parole and his sentence. recommencing to serve the unexpired portion of his term of imprisonment or detention shall be regarded as time served in respect of that term. Authority to 36. The Board may again release a prisoner on rperloebasaetioonn parole notwithstanding that his parole has been more than cancelled on any prior occasion or occasions under the once. foregoing provisions of this Act in respect of the same term of imprisonment, detention for a period or detention during Her Majesty’s pleasure. Saving. 37. (1.) Nothing in this Act affects Her Majesty’s Royal Prerogative of Mercy, and nothing in this Act affects the power of the Governor, upon the recommendation of the Supreme Court or a Judge thereof, to direct, under and pursuant to the provisions of *“ The Criminal Code ” the discharge of an habitual criminal. (2.) Subject to the express provisions of this Act, nothing in this Act shall be read so as to annul, abridge or alter any authority or jurisdiction which any Court or any Judge or justice may possess under any other Act or otherwise. Secrecy. 38. Except for the purposes of this Act and in the due exercise of his functions under this Act, or except where so ordered by a Court or Judge, a member or the secretary of the Board, a probation officer, parole officer or any other officer appointed under or for the purposes of this Act shall not produce in any Court or to any person any return, declaration, statement, report or other document, or disclose to any Court or person the fact that he has received any information, or the nature thereof, or the name of any person who gave such information, or any matter or thing coming under his notice in the performance of his duties under this Act. * 63 V. No. 9, Seh. I.

PRISONS. 555 1959. OffendersProbationandParoleAct. 39. The Governor in Council may from time to Regulations, time make regulations, not inconsistent with this Act, prescribing all matters or things which by this Act are required or permitted to be prescribed (save any matter or thing which is required to be prescribed otherwise than by regulation) or which are necessary or convenient to be prescribed for giving effect to this Act. 40. (1.) Every Proclamation or regulation made Publication under this Act shall- of Proclama­ (i.) Be published in the Gazette ; tions, regulations, (ii.) Upon its publication in the Gazette, be&c- judicially noticed and such publication shall be conclusive evidence of the matters contained therein; (iii.) Take effect from the date of such publication, unless, in the case of any such regulation, a later date is specified in that or any other regulation for its commencement when in such event it shall take effect from that later date; and (iv.) Be laid before the Legislative Assembly within fourteen sitting days after such publication if the Legislative Assembly is in session, and if not, then within fourteen sitting days after the commencement of the next session. (2.) If the Legislative Assembly passes a resolution of which notice has been given at any time within fourteen sitting days after any such Proclamation or regulation has been laid before the Legislative Assembly disallowing such Proclamation or regulation or part thereof, that Proclamation or regulation or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further Proclamation or regulation, as the case may be.