Sentence Administration Amendment Regulations 2006 (WA)
29 December 2006 GOVERNMENT GAZETTE, WA 5869 AUDITOR GENERAL
AU301*
Sentence Administration Act 2003
Sentence Administration Amendment
Regulations 2006
Made by the Governor in Executive Council.
1. Citation
These regulations are the Sentence Administration Amendment
Regulations 2006.2. Commencement
(1) These regulations, other than regulation 5, come into operation on
the day on which the Parole and Sentencing Legislation
Amendment Act 2006 Part 2 comes into operation.(2) Regulation 5 comes into operation on —
(a) the day mentioned in subregulation (1); or (b) if the day on which the Prisons and Sentencing Legislation Amendment Act 2006 section 29 comes into operation is later, that day. 3. The regulations amended
The amendments in these regulations are to the Sentence
Administration Regulations 2003*.[* Published in Gazette 29 August 2003, p. 3842-50. For amendments to 30 November 2006 see Western
Australian Legislation Information Tables for 2005, Table 4.]4. Part 1A inserted
After regulation 3 the following Part is inserted —
“ Part 1A — General matters
Division 1 — Prescribed terms and times
3A. Prescribed term (definition of “prisoner” s. 11A) For the purposes of the definition of “prisoner” in
section 11A(1) of the Act —
(a) in relation to a prisoner sentenced before prescribed; and
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(b)
in relation to a prisoner sentenced on or after 31 August 2003 — a fixed term of 9 years is prescribed.
3B. Prescribed time (s. 13) For the purposes of section 13(2) of the Act, the
prescribed time in the sentence of a prisoner is no later
than 2 years before the day on which the first report
about the prisoner under section 12A(2) of the Act is
due.3C. Prescribed time (s. 14) For the purposes of section 14(2) of the Act, the
prescribed time in the sentence of a prisoner is no
earlier than 2 years before the day on which the
prisoner is eligible for release (whether under a parole
order or not).
”.
5. Part 1A Division 2 inserted
After Part 1A Division 1 the following Division is inserted —
“
Division 2 — Re-socialisation programmes
3D. Commencement of re-socialisation programme The implementation of a re-socialisation programme
approved under section 13 or 14 of the Act for a
prisoner is not to commence until the period remaining
to the day on which the prisoner is eligible for release
(whether under a parole order or not) is equal to or less
than the period determined in accordance with the
formula —x + y where —
x = the duration of the re-socialisation programme; and
y = the period of — (i) in the case of a sentence described in column 1 of the Table to section 12A of the Act — 3 months; and
(ii) in the case of a fixed term sentence — one month.
3E. Structure of a re-socialisation programme (1) A re-socialisation programme is to be structured so as
to ensure a particular prisoner’s successful
re-integration into the community.
29 December 2006 GOVERNMENT GAZETTE, WA 5871
(2) Without limiting subregulation (1), a re-socialisation
programme is to address —
(a)
the risks associated with the prisoner’s re-integration into the community; and
(b)
the needs of the prisoner in re-integrating into the community.
3F. Content of a re-socialisation programme (1) A re-socialisation programme is to comprise activities
that contribute to the rehabilitation of a prisoner and
the prisoner’s successful re-integration into the
community.(2) Without limiting subregulation (1), a re-socialisation
programme is to include activities that —
(a) help the prisoner acquire knowledge and skills that will assist the prisoner to adopt a law abiding lifestyle on release; and (b) establish, maintain and strengthen the and any relevant cultural or community groups; and
(c)
help the prisoner make reparation for the prisoner’s offence; and
(d) promote the prisoner’s health and wellbeing.
(3) Without limiting subregulation (1), an activity
comprising a re-socialisation programme may —
(a)
involve absences from prison under the Prisons Act 1981 section 83 intended to facilitate the rehabilitation and successful reintegration of prisoners into the community; and
(b)
be subject to conditions regulating or preventing the prisoner’s contact with the victim of the prisoner’s offence; and
(c)
where the prisoner is eligible for a re-entry release order, include participation in a re-entry release order.
3G. CEO to monitor and report on prisoner’s progress (1) The CEO must monitor the progress of a prisoner
participating in a re-socialisation programme and give
a written report to the Board of that progress —
(a)
while the prisoner is participating in the programme — if the CEO has any concerns about the prisoner’s ability to complete the programme or if the Board requests the written report; and
(b) when the prisoner completes the programme.
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(2)
A report under subregulation (1)(b) is to address any considerations relating to the release of the prisoner under a parole order or otherwise.
3H. Suspension of a re-socialisation programme (1) The CEO or the Board may, at any time during a
prisoner’s participation in a re-socialisation programme
and for any reason, suspend the programme in relation
to the prisoner.(2) If the CEO suspends a programme under
subregulation (1) the CEO must, within 3 working days
after the suspension, give written notice of the
suspension to the Board.3I. Reinstatement of a suspended re-socialisation
programmeThe Board may reinstate a re-socialisation programme suspended under regulation 3H if the Board is satisfied that the CEO is able to facilitate the reinstatement.
3J. Cancellation of a re-socialisation programme (1) The Board may, at any time during a prisoner’s
participation in a re-socialisation programme and for
any reason, cancel the programme in relation to the
prisoner, irrespective of whether the programme was
approved by the Board or the Governor.(2) The Board must, as soon as practicable after a
cancellation under subregulation (1), give written
notice of the cancellation to the Minister if the
re-socialisation programme and the prisoner’s
participation in it were approved by the Governor
under section 13 of the Act.3K. Reviewable decisions (s. 115A) For the purposes of section 115A(3) of the Act —
(a)
a decision by the CEO or the Board under regulation 3H to suspend a re-socialisation programme in relation to a prisoner; or
(b)
a decision by the Board under regulation 3J to cancel a re-socialisation programme in relation to a prisoner,
is a reviewable decision.
”.
By Command of the Governor,
M. C. WAUCHOPE, Clerk of the Executive Council.
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