Probation and Parole (Parole Board) Amendment Act 1987 (NSW)

PROBATION AND PAROLE (PAROLE BOARD)

AMENDMENT ACT 1987 No. 137

NEW SOUTH WALES

TABLE OF PROVISIONS

1.       Short title

2.        Commencement

3.        Principal Act

4.        Amendment of Act No. 194. 1983

5.        Transitional provisions

SCHEDULE 1—AMENDMENTS TO THE PRINCIPAL ACT

PROBATION AND PAROLE (PAROLE BOARD) AMENDMENT ACT

1987 No. 137

NEW SOUTH WALES

Act No. 137, 1987

An Act to amend the Probation and Parole Act 1983 with respect to the

constitution of the Parole Board; and for other purposes. [Assented to 16
June 1987]

Sec also Prisons (Release on Licence Board) Amendment Act 1987

2   Act No. 137

Probation and Parole (Parole Board) Amendment 1987

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:

Short title

This Act may be cited as the "Probation and Parole (Parole Board) Amendment Act 1987".

1.

Commencement

2. (1) Sections 1 and 2 shall commence on the date of assent to this

Act.

(2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor and notified by proclamation published in the Gazette.

Principal Act

1. The Probation and Parole Act 1983 is referred to in this Act as the

Principal Act.

Amendment of Act No. 194, 1983

1. The Principal Act is amended in the manner set forth in Schedule 1.

Transitional provisions

(1) Any person who, immediately before the commencement of this Act, held office under the Principal Act as—

5.

(a) Chairman of the Parole Board; or

(b) Deputy Chairman of the Parole Board,
shall vacate that office on that commencement.

(2) Nothing in this Act prevents the appointment or re-appointment under the Principal Act, as amended by this Act, of a person to whom subsection (1) applies as Chairman, Substitute Chairman or Deputy Chairman of the Parole Board.

Probation and Parole (Parole Board) Amendment 1987

SCHEDULE 1

(Sec. 4)

AMENDMENTS TO THE PRINCIPAL ACT

(1) Section 4 (Interpretation)—

Section 4(1), definition of "judicial member of the Board"—

Omit "or a", insert instead ", Substitute Chairman or".

(2) Schedule 1 (Provisions relating to the members of the Board, Divisions

of the Board and procedure)—
(a) Clause 1 (Interpretation)—

(i)  Clause 1, definition of "Deputy Chairman"—

Omit "a", insert instead "the",

(ii)  Clause 1, definition of "judicial member"—

Omit "or a Deputy Chairman", insert instead ", Substitute
Chairman or Deputy Chairman".

(iii)  Clause 1, definition of "non-judicial member"— Omit "or a Deputy Chairman.", insert instead ",

Substitute Chairman or Deputy Chairman;".

(iv)  Clause 1, definitions of "retired Judge", "Substitute Chairman"—

After the definition of "non-judicial member", insert:

"retired Judge" means a person who has retired from the office of a Judge of the Supreme or District Court of New South Wales;

"Substitute Chairman" means the Substitute Chairman

of the Board.

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Probation and Parole (Parole Board) Amendment 1987

SCHEDULE 1—continued

AMENDMENTS TO THE PRINCIPAL ACT—continued

(b) Clause 2 (Composition of the Board)—

(i)	Clause 2 (2) (a)— Omit the paragraph, insert instead:
(a) 3 shall each be either a Judge or a retired Judge and shall respectively be appointed, in and by the instruments by which the members are appointed or by subsequent instruments executed by the Governor, as—

(i) Chairman of the Board;
(ii) Substitute Chairman of the Board; and

(iii) Deputy Chairman of the Board;

(ii) Clause 2 (3A)—
After clause 2 (3), insert:

(3A) A retired Judge of or above the age of 72 years shall not be appointed as a judicial member.

(iii)  Clause 2 (4)-(6)—

Omit "or a" wherever occurring, insert instead ",
Substitute Chairman or".

(c) Clause 3 (Acting members)—

(i) Clause 3(1), (1A)—
Omit the subclauses, insert instead:

(1) The Substitute Chairman shall, during the illness or absence of the Chairman, act in the office of the Chairman and shall have and may exercise all the functions of the Chairman.

(1A) The Deputy Chairman shall, during the illness or absence of the Substitute Chairman, act in the office of the Substitute Chairman and shall have and may exercise all

Probation and Parole (Parole Board) Amendment 1987

SCHEDULE I—continued

AMENDMENTS TO THE PRINCIPAL ACT—continued

(ii)  Clause 3 (2)—

Omit ", to act in the office of a", insert instead "or retired Judge, to act in the office of the".
(iii)	Clause 3 (5)— Omit the subclause, insert instead:

(5) For the purposes of this clause—

(a)	a vacancy in the office of Chairman, Substitute Chairman or Deputy Chairman shall be deemed to be an absence from office of the Chairman, Substitute Chairman or Deputy Chairman; and
(b)	the Substitute Chairman or Deputy Chairman shall be deemed to be absent from the office of Substitute Chairman or Deputy Chairman during any period of acting in another office pursuant to subclause (1) or (1A).

(d) Clause 7 (Casual vacancies)—

Clause 7(1) (f)—

After "Judge", insert "(except because of retirement) or attains the age of 72 years".

(e) Clause 9 (Divisions of the Board)—

Clause 9 (3) (b)—

Omit the paragraph, insert instead:

(b) the Substitute Chairman, or Deputy Chairman, and 2 non- judicial members.

(0 Clause 13 (Presiding members)—

(i)  Clause 13 CD—

Omit "or, in the absence of the Chairman, a Deputy
Chairman".

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Probation and Parole (Parole Board) Amendment 1987

SCHEDULE 1— continued

AMENDMENTS TO THE PRINCIPAL ACT—continued

(ii) Clause 13 (2)—
Omit the subclause, insert instead:

(2) At a meeting of a Division, the judicial member of

the Division shall preside.

(g)

Clause 14 (Voting at meetings of the Board)— instead "the Substitute Chairman or Deputy Chairman, or both, are .