Prisoners (Release for Deportation) Amendment Act 1991 (WA)

WESTERN AUSTRALIA

PRISONERS (RELEASE FOR

DEPORTATION) AMENDMENT ACT

No. 17 of 1991

AN ACT to amend the Prisoners (Release for Deportation) Act

1989.

[Assented to 21 June 1991.]

The Parliament of Western Australia enacts as follows:

Short title

1. This Act may be cited as the Prisoners (Release for Deportation)

Amendment Act 1991.

Commencement

2. This Act shall come into operation on the day on which the

principal Act comes into operation.

No. 17] Prisoners (Release for Deportation) [1991

Amendment Act

Principal Act

3. In this Act the Prisoners (Release for Deportation) Act 1989* is

referred to as the principal Act.

(*Act No. 15 of 1989.]

Section 3 amended

4. Section 3 of the principal Act is amended in subsection (1)-

(a) in the definition of "deportation order" by deleting "5" and substituting the following

Cc 4 77;

(b)	in the definition of "order for release" by deleting "4 (1)" and substituting the following-
" 4 (4) "; and
(c)	by deleting the definition of "the Parole Act" and substituting the following definition

C' "the Parole Board" means the Parole Board established

under the Offenders Community Corrections Act

1963. ".

Section 4 repealed and

a section substituted

5. Section 4 of the principal Act is repealed and the following

section is substituted

Release for deportation

4. (1) Where a deportation order is made in respect of a prisoner, the Parole Board shall, subject to subsection (2), furnish a written report to the Minister containing a recommendation as to whether or not an order for release should be made in respect of the prisoner.

1991] Prisoners (Release for Deportation) [No. 17

Amendment Act

(2) The Parole Board shall not furnish a report under subsection (1) in respect of a prisoner (within the meaning of paragraph (a) of the definition of that term in section 3 (1)) unless the circumstances are such that the prisoner could be released from prison on parole under an order made under the Offenders Community Corrections Act 1963.

(3) In a report furndished under subsection (1) the Parole Board shall give express attention to whether, if a deportation order had not been made in respect of the prisoner, the prisoner would have been considered suitable for release from prison, having regard to

(a)	the nature and circumstances of the offence in respect of which the prisoner is serving a term of imprisonment or is being detained during the Governor's pleasure;
(b)	the degree of risk that the release of the prisoner would have appeared to present to the community or to any individual in the community; and
(c)	such other matters as the Parole Board thinks fit.

(4) Where a report furnished under subsection (1) contains a recommendation that an order for release be made in respect of a prisoner, the Governor may by order in writing direct that the prisoner be released from prison into the custody of a person or persons specified in the order for the purpose of deportation, and the prisoner shall be released accordingly.

(5) An order for release

(a) shall specify the period of time within which the prisoner is to be deported; and

(b) is subject to such conditions, if any, as are specified

in the order.

No. 171 Prisoners (Release for Deportation) [1991

Amendment Act

(6) Notwithstanding section 40A (1) of the Offenders Community Corrections Act 1963, the Parole Board is not required to make an order directing that a prisoner be released from prison on parole if an order for release is in force in respect of that prisoner. ".

Section 5 amended

6.    Section 5 of the principal Act is amended in subsections (1),

(2) (a) and (5) by deleting "4 (1)" and substituting in each case the

following-

" 4 (4) ".

Section 6 amended

7.    Section 6 of the principal Act is amended by deleting "4 (1)"

and substituting the following-

" 4 (4) ".