Offenders Probation and Parole Amendment Act 1982 (WA)

WESTERN AUSTRALIA.

OFFENDERS PROBATION AND

PAROLE.

No. 89 of 1982.

AN ACT to amend the Offenders Probation and

Parole Act 1963-1981.

[Assented to 17 November 1982.]

BE it enacted by the Queen's Most Excellent

of the Legislative Council and the LegislativeMajesty, by and with the advice and consent

Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:-

1. (1) This Act may be cited as the Offenders =Mak

Probation and Parole Amendment Act 1982.

(2) In this Act the Offenders Probation and Parole Far 17:5

Act 1963-1981 is referred to as the principal Act.

amended eC

The principal Act as amended by this Act may It8 d1 116 of

teal Nos.

be cited as the Offenders Probation and Parole Act

1963-1982.

No. 89.] Off enders Probation and Parole.

[1982.

Commence-

ment.

The provisions of this Act shall come into

operation on such day or days as is or are respec-

tively fixed by proclamation.

Section 3

repealed.	3.	Section 3 of the principal Act is repealed.
Section 4 amended.	4.	Section 4 of the principal Act is amended

(a)	by deleting the definition of "Director" and substituting the following definition

IC "Director" means the Director, Proba-

tion and Parole Services referred

to in section 5A of this Act;

"Director of Prisons" means the Direc- tor of the Western Australia Prisons Department referred to in section 6 of the Prisons Act 1981; " ;

(b)	in the definition of "parole officer" by deleting "Chief Parole Officer" and substi- tuting the following

Director and Deputy Director, Proba-

tion and Parole Services " ; and

(c)	in the definition of "probation officer" by deleting "Chief Probation Officer" and substituting the following-

" Director and Deputy Director, Proba- tion and Parole Services " .

Section SA

inserted.

5. The principal Act is amended by inserting

after section 5 the following section-

Director and	CC 5A. (1) Under and subject to the Public
Deputy

Director.

Service Act 1978 the Governor may appoint,

for the purposes of this Act

(a)	a person to be Director, Probation and Parole Services; and

1982.]

Offenders Probation and Parole. [No. 89.

(b)	a person to be Deputy Director, Probation and Parole Services, who during the absence from duty of the Director on account of illness, leave of absence or other cause or during any vacancy in the office of Director, has the duties, powers and authori- ties of Director.

(2) The functions, powers and duties of the Director shall be as prescribed by or under this Act and by rules made in that behalf by the judges. " .

6.Section 6 of the principal Act is amended— gitg. (a) in subsection (1)-

(i) by deleting "Act, 1904" and sub- stituting the following-

" Act 1978 " ; and

(ii) by deleting paragraphs (a) and (b);

(b)	in subsection (3) by deleting "Subject to subsection (4) of this section, the" and inserting the following-

" The " ; and

(c)	in subsection (6) by deleting "the Chief Probation Officer and".

7. Section 9 of the principal Act is amended in gggianect

subsection (1) by deleting "one year" and substitut-

ing the following-

" six months " .

No. 89.] Offenders Probation and Parole.

[1982.

Section 16

amended.

Section 16 of the principal Act is amended by

repealing subsection (2) and substituting the

following subsection

(2) If at any time during the probation period it appears on complaint in writing to a justice that a probationer has failed to comply with an express or implied require- ment of a probation order, the justice may issue a summons requiring the probationer to appear at a court of petty sessions at the time and place specified in the summons, 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 at the place specified as soon as practicable after his arrest. " .

Section 17

amended.

Section 17 of the principal Act is amended

(a)	in subsection (2) by deleting paragraphs (a), (b) and (c) and substituting the following paragraphs-

" (a) a court of petty sessions, if the probation order was made by a children's court or a court of petty sessions; or

(b)	the court by which the probation order was made, if the order was made by the Supreme Court or the District Court. " ;

(b)	in subsection (3) by deleting paragraphs (a), (b) and (c) and substituting the following paragraphs-

" (a) a court of petty sessions, if the probation order was made by a children's court or a court of petty sessions; or

1982.]

Offenders Probation and Parole. [No. 89.

(b)	the court by which the probation order was made, if the order was made by the Supreme Court or the District Court, " ;

and

by repealing subsection (6) and substitut-

(c)	ing the following subsection

(6) Where

(a)	a probationer is convicted of and dealt with in respect of an offence, other than an offence against section 16 of this Act or against a law of another State or Territory correspond- ing to section 50G of this Act, committed during the proba- tion period, by a court of the same jurisdiction as the court by which the probation order was made; or
(b)	it is proved to the satisfaction of-

(i) a court of petty ses- sions, if the probation order was made by a children's court or a court of petty sessions; or

(ii) the court by which the probation order was made, if the order was made by the Supreme Court or the District Court,

that the probationer has been convicted of and dealt with in respect of an offence, other than an offence against sec- tion 16 of this Act or against

No. 89.1 Offenders Probation and Parole.

[1982.

a law of another State or Territory corresponding to section 50G of this Act, com- mitted in this State or else- where during the probation period,

such court may deal with a proba- tioner for the offence for which the order was made in any manner in which the court by which the order was made could deal with him if he had just been convicted by or before that court of that offence. " .

Section 20B

amended.

10. Section 20B of the principal Act is amended by inserting after subsection (6) the following sub- sections

(6a) Subject to section 20D (la) of this Act, a community service order may require the offender to attend such educational pro- gramme as the Director directs.

(6b) Where a community service order contains a requirement under subsection (6a) of this section

(a)	the Director shall direct the offender to attend such educational pro- gramme as the Director considers suitable for such number of hours (being in the aggregate not more than one-quarter of the number of hours of work that the offender is required to perform under the order) as the Director thinks fit; and
(b)	hours during which the offender attends an educational programme in accordance with the requirement and section 20F (1) (ca) of this Act shall for the purposes of sections 20F and 20G of this Act, be regarded as hours for which the offender has performed approved work. " .

1982.1

Offenders Probation and Parole. [No. 89. 11. Section 20D of the principal Act is amended— Tggar

by inserting after subsection (1) the

(a)	following subsection

'C (la) A court shall not include a

requirement under section 20B (6a) of this Act in a community service order made in respect of a person unless the court

(a)	has been notified by a proba- tion officer that arrangements exist for persons who reside in the area in which that person intends to reside to attend an educational programme of a suitable nature; and
(b)	is satisfied, after considering a report from a probation officer about the person and his cir- cumstances, and, if the court thinks necessary, hearing a probation officer,—

(i) that the person is a suitable person to attend an educational programme; and

(ii) that, if such a require- ment is made, an edu- cational programme of a suitable nature can be provided for the person under the arran- gements mentioned in paragraph (a) of this subsection. " ; and

(b)	in subsection (2) by inserting after "(1)" the following-

" or (la) " .

No. 89d Offenders Probation and Parole.

[1982.

Section 20F

amended.

12. Section 20F of the principal Act is amended-

(a)	in subsection (1) by inserting after para- graph (c) the following paragraph-

" (ca) if the order contains a require- ment under section 20B (6a) of this Act, attend such educational programme for such number of hours as is directed by the Director at such times as the relevant officer directs; " ; and

(b)	in subsection (3) by inserting before "during" the following-

, and, if the order contains a require- ment under section 20B (6a) of this Act, attend an educational programme for the number of hours directed by the Director, " .

Section 20G

amended.

13. Section 200 of the principal Act is amended by deleting paragraph (a) and substituting the following paragraph

" (a) the offender has-

(i) performed approved work in accordance with section 20F of this Act for the number of hours specified in the order; and

(ii) if the order contains a requirement under section 20B (6a) of this Act, attended such educational pro- gramme as the Director has directed for the number of hours the Director has directed; " .

1982.]

Offenders Probation and Parole. [No. 89.

14. Section 20H of the principal Act is amended amended.

by repealing subsection (2) and substituting the

following subsection-

" (2) If at any time while a community service order is in force it appears on com- plaint in writing to a justice that the offender has failed to comply with the order or with any prescribed requirement, the justice may issue a summons requiring the offender to appear at a court of petty sessions at the time and place specified in the summons, 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 as soon as practicable after his arrest. " .

15. Section 20S of the principal Act is amended amender

in paragraph (e) by inserting after "performing

work" the following-

" or attending educational programmes " .

16. Section 21 of the principal Act is amended— graVd•

(a)	in paragraph (b) of subsection (2) by inserting after "Director" the following-

" of Prisons " ; and

(b)	in paragraph (b) of subsection (2a) by inserting after "Director" the following-

" of Prisons " .

17. Section 22 of the principal Act is amended amended.

by repealing subsection (2) and substituting the

following subsections

(2)

The Chairman, or in his absence the longest-serving appointed member of the Board present, shall preside at all meetings of the Board.

No. 89.] Offenders Probation and Parole.

[1982.

(3) Where more than one member is eligible to preside at a meeting of the Board in the absence of the Chairman, the other members shall appoint one of the eligible members to preside. " .

Section 23

amended.

18. Section 23 of the principal Act is amended

(a)	by inserting after subsection (2) the following subsection

CC (2a) If the Director of Prisons is

unable to attend a meeting of the Board he may nominate an officer of his Department to attend that meeting on his behalf, and that officer while so attending has all the powers and functions of, and shall be deemed to be, a member. " ; and

(b)	in paragraph (b) of subsection (3) by inserting after "Director" the following-

" of Prisons " .

Section 25

amended.

19. Section 25 of the principal Act is amended

by inserting after "acting members" the following-

" , except a member who is a judge, " .

Section 28

amended.

20. Section 28 of the principal Act is amended

in subsection (2)-

(a)	in paragraph (a) by inserting after "the Chairman" the following-

" or member presiding " ; and

(b)	in paragraph (c) by inserting after "the Chairman" the following-

" or member presiding " .

1982.1

Offenders Probation and Parole. [No. 89.

21. Section 35 of the principal Act is amended— amended.

(a) in subsection (1)-

(i) by deleting "Act, 1904" and substitut- ing the following-

" Act 1978 " ; and

(ii)

by deleting paragraphs (a) and (b); in subsection (3) by deleting "Subject to subsection (4) of this section, the" and substituting the following-

(b)

" The " ; and

(c)	in subsection (6) by deleting "the Chief Parole Officer and".

22. Section 36 of the principal Act is amended 2gg'duer.

by deleting "Chief Parole Officer and other parole

officers" and substituting the following-

" Director and parole officers "

Section SOW

23. Section 50W of the principal Act is amended in subsection (1) by deleting "the Chief Probation Officer or the Chief Parole Officer, as the case may be" and substituting the following-

amended.

" the Director " .

24. (1) Section 9 of the principal Act, as amended Transitional.

by section 7 of this Act, applies to a person who, having been convicted of an offence referred to in section 9 (1) before the date of the coming into operation of section 7 of this Act, has not been sen- tenced for that offence before that date.

No. 89.] Offenders Probation and Parole.

[1982.

Section 20B of the principal Act, as amended by section 10 of this Act, applies to a person who, having been convicted of an offence referred to in section 20B (1) before the date of the coming into operation of section 10 of this Act, has neither been sentenced for that offence nor dealt with under section 9 or section 20B of the principal Act before that date.

(2)

(3) The person holding office as Chief Probation Officer immediately before the coming into opera- tion of this Act shall continue in office and be deemed to have been appointed to the office of Director, Probation and Parole Services referred to in section 5A of the principal Act.

The person holding office as Deputy Chief Probation Officer immediately before the coming into operation of this Act shall continue in office and be deemed to have been appointed to the office of Deputy Director, Probation and Parole Services referred to in section 5A of the principal Act.

(4)

References

in other Acts	25. (1) A reference in any law of the State to the Chief Probation Officer shall, unless the context otherwise requires, be read and construed as a refer- ence to the Director, Probation and Parole Services and on a reprint of an Act or regulation pursuant to statutory authority the reference may be altered accordingly.
etc.
(2) A reference in any law of the State to the Chief Parole Officer shall, unless the context other- wise requires, be read and construed as a reference to the Director, Probation and Parole Services and on a reprint of an Act or regulation pursuant to statutory authority the reference may be altered accordingly.

For the purposes of this section the term "law of the State" means

(3)

(a)

an Act;

1982.]

Offenders Probation and Parole. [No. 89.

(b)	any regulation or rule having effect by virtue of an Act; or
(c)	any instrument having effect by virtue of an Act or of any regulation or rule referred to in paragraph (b).

Miscella-

26. The principal Act is amended

neous

amendments.

(a)	by deleting "Chief Probation Officer" wherever it occurs in the provisions referred to in Part I of the Schedule to this Act and substituting in each case the following-

" Director " ; and

(b)	by deleting "Chief Parole Officer" wherever it occurs in the provisions referred to in Part II of the Schedule to this Act and sub- stituting in each case the following-

" Director " .

SCHEDULE.

PART I.

Section 7 Section 8 Section 9 (1a)

Section 9 (7b) Section 9 (7c) Section 9 (9) Section 9 (9a)

Section 9 (10)

Section 20B (7) (b)

Section 20B (8)

Section 51A (1) (a)

Section 51A (1) (b)

No. 89.] Offenders Probation and Parole.

[1982.

PART II.

Section 34A (2) (a)

Section 41 (3b)

Section 41 (3c)

Section 41 (3d)

Section 41 (3e)

Section 41 (3f)

Section 41 (4)

Section 41A (7)

Section 50C (1)

Section 50D (1) (a)

Section 50D (1) (b)

Section 50D (2)

Section 50D (3)

Section 50N (3)

Section 50P (1) (a)

Section 50P (1) (b)

Section 50P (2)

Section 50P (3)

Section 50Q (5)

Section 50R (10).

WESTERN AUSTRALIA.

AERIAL SPRAYING

CONTROL.

No. 90 of 1982.

AN ACT to amend the Aerial Spraying Control Act

1966-1978.

[Assented to 17 November 1982.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title

1. (1) This Act may be cited as the Aerial and citation.

Spraying Control Amendment Act 1982.

Reprinted as

(2) In this Act the Aerial Spraying Control Act

approved

2 Tune 1971

1966-1978 is referred to as the principal Act.	and amended by Acts Nos. 94 of 1972
(3) The principal Act as amended by this Act may be cited as the Aerial Spraying Control Act 1966-	(as amended by No. 19 of
1973), 57 of 1973 and
1982.	16 of 1978.

No. 90.]

Aerial Spraying Control.

[1982.

Commence-

This Act shall come into operation on the

twenty-eighth day after the day on which it is

assented to by the Governor.

ment.

Section 10

amended.

Section 10 of the principal Act is amended in subsection (1) by deleting "A person who is licensed pursuant to the Air Navigation Regulations of the Commonwealth to use an aircraft for agricultural operations for hire or reward" and substituting the following-

" The owner of any aircraft that has been modified to carry out aerial spraying " .