Sentence Administration Amendment Regulations 2007 (WA)

3 April 2007 GOVERNMENT GAZETTE, WA 1507

JU303*

Sentence Administration Act 2003

Sentence Administration Amendment

Regulations 2007

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Sentence Administration Amendment
Regulations 2007.

2.             Commencement

These regulations come into operation on the day on which the
Prisons and Sentencing Legislation Amendment Act 2006 comes
into operation.

3.             The regulations amended

The amendment in these regulations is to the Sentence
Administration Regulations 2003*.

[* Published in Gazette 29 August 2003, p. 3842-50.

For amendments to 2 March 2007 see Western Australian
Legislation Information Tables for 2005, Table 4, and
Gazette 25 February 2005 and 29 December 2006.]

4.             Regulations 23A and 23B inserted

After regulation 23 the following regulations are inserted in
Part 7 —

“

23A.	Restriction of access to exchange information: s. 97B(9)(b)
(1)	A person must not publish information disclosed under section 97B(6) of the Act without the written approval of the CEO.
Penalty: a fine of $1 000.
(2)	The CEO must not give approval under subregulation (1) unless the CEO is satisfied that —

(a) the research for which the information was disclosed was conducted in a methodologically sound manner; and

1508 GOVERNMENT GAZETTE, WA 3 April 2007

(b)	the report based on that research is factually correct; and
(c)	the publication does not identify individuals, reveal confidential departmental information or otherwise pose a security risk to the operations of the department.

23B.	Prescribed kinds of information disclosed to victims
(1)	In this regulation —
“community corrections order” has the meaning

given to that term in section 83 of the Act.

(2) For the purposes of section 97D(2) of the Act,
prescribed kinds of information are —

(a)	details of the location of the community corrections centre the offender is attending, and notification and details of any move by the offender to another centre;
(b)	details of each community corrections order to which the offender is subject and notification and details of any changes to the order resulting from a review or appeal;
(c)	the date of, and circumstances giving rise to —

(i)      the suspension or cancellation of any early release order applying to the offender; or

(ii)

the lodgment of a notice in relation to Act 1995 section 84E or 129; or

(iii)

the commencement of a prosecution Sentencing Act 1995 section 84J or 131;

(d)	notification of the death, or entry into hospice care, of the offender;
(e)	a description of any programme in which the offender has participated or is participating while subject to a community corrections order;
(f)	the region, city, town or suburb in which the offender is or was residing —

(i)      while subject to a community corrections order; and

(ii)      at the completion of the community corrections order;

(g) a photograph of the offender.

”.

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.