Sentence Administration Amendment (Multiple Murderers) Act 2018 (WA)

Western Australia

Western Australia

Sentence Administration Amendment (Multiple Murderers) Act 2018

No. 42 of 2018

An Act to amend the Sentence Administration Act 2003.

[Assented to 12 December 2018]

The Parliament of Western Australia enacts as follows:

This is the Sentence Administration Amendment (Multiple Murderers) Act 2018.

This Act comes into operation as follows —

• (a)

  sections 1 and 2 — on the day on which this Act receives the Royal Assent;

• (b)

  the rest of the Act — on the day after that day.

This Act amends the Sentence Administration Act 2003.

• (1)

  In section 12A(2) delete “The Board” and insert:

   

Except as provided in subsection (2A), the Board

• (2)

  After section 12A(2) insert:

   
• (2A)

  The Board must not give a written report under subsection (2) about a prisoner at any time when a direction under section 14C is in effect in relation to the prisoner.

• (2B)

  If a direction under section 14C in relation to a prisoner ceases to have effect, and if no other direction under that section is in effect in relation to that prisoner, then except as provided in subsection (2C) the Board must resume giving reports about the prisoner under subsection (2) as if —

  • (a)

    no direction under section 14C had been given in relation to the prisoner; and

  • (b)

    each report which would have been required but for a direction under section 14C had been given when due.

• (2C)

  If a report about a prisoner under subsection (2) is due to be given within 7 months after a direction under section 14C in relation to the prisoner ceases to have effect, the Board must give the report by or as soon as practicable after the day on which it is due but in any event not later than 7 months after the direction ceases to have effect.

   

• (1)

  In section 13(4) before “the Board may” insert:

   

then except as provided in subsection (5A)

• (2)

  In section 13(5) after “variations,” insert:

   

then except as provided in subsection (5A)

• (3)

  After section 13(5) insert:

   
• (5A)

  At any time when a direction under section 14C is in effect in relation to a prisoner —

  • (a)

    the Board must not make a request under subsection (4) in relation to the prisoner; and

  • (b)

    the CEO must not comply with a request under subsection (4) in relation to the prisoner; and

  • (c)

    the Board must not, for the purposes of   subsection (5), consider release considerations, endorse a re‑socialisation programme or make a recommendation in relation to the prisoner.

     
  6.Part 2 Division 5 inserted

After section 14A insert:

Division 5 — Directions to suspend reporting

14B. Terms used

In this Division —

designated prisoner means a Schedule 3 prisoner who is serving a sentence…