Untitled document

Corrections Amendment (Parole) Act 2014

No. 18 of 2014

TABLE OF PROVISIONS

Section  Page

1Purpose

2Commencement

3New section 74AA inserted

74AAConditions for making a parole order for Julian Knight

4Repeal of amending Act

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ENDNOTES

Corrections Amendment (Parole) Act 2014

No. 18 of 2014

[Assented to 1 April 2014]

The Parliament of Victoria enacts:

1Purpose

The purpose of this Act is to amend the Corrections Act 1986 in relation to the conditions for making a parole order for the prisoner Julian Knight.

2Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3New section 74AA inserted

After section 74 of the Corrections Act 1986 insert—

"74AA   Conditions for making a parole order for Julian Knight

(1)The Board must not make a parole order under section 74 in respect of the prisoner Julian Knight unless an application for the order is made to the Board by or on behalf of the prisoner.

(2)The application must be lodged with the Secretary of the Board.

(3)After considering the application, the Board may make an order under section 74 in respect of the prisoner Julian Knight if, and only if, the Board—

(a)is satisfied (on the basis of a report prepared by the Secretary to the Department of Justice) that the prisoner—

(i)is in imminent danger of dying, or is seriously incapacitated, and as a result he no longer has the physical ability to do harm to any person; and

(ii)has demonstrated that he does not pose a risk to the community; and

(b)is further satisfied that, because of those circumstances, the making of the order is justified.

(4)The Charter of Human Rights and Responsibilities Act 2006 has no application to this section.

(5)Without limiting subsection (4), section 31(7) of the Charter of Human Rights and Responsibilities Act 2006 does not apply to this section.

(6)In this section a reference to the prisoner Julian Knight is a reference to the Julian Knight who was sentenced by the Supreme Court in November 1988 to life imprisonment for each of 7 counts of murder.".

4Repeal of amending Act

This Act is repealed on the first anniversary of its commencement.

Note

The repeal of this Act does not affect the continuing operation of the amendment made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

Minister's second reading speech—

Legislative Council: 18 February 2014

Legislative Assembly: 13 March 2014

The long title for the Bill for this Act was "A Bill for an Act to amend the Corrections Act 1986 in relation to the conditions for making a parole order for the prisoner Julian Knight."