Untitled document

Corrections Amendment (Parole Reform) Act 2013

No. 62 of 2013

table of provisions

Section  Page

1Purpose

2Commencement

3Victim may be given certain copies of orders and information about a prisoner

4Establishment of Board

5New section 61A inserted

61AChairperson and deputy chairperson

6Deputy members

7Terms of office

8Section 65 substituted

65Chairing of meetings

9Meetings

10Reports

11New section 73A inserted

73ASafety and protection of the community paramount in parole decisions

12Release on parole after service of non-parole period

13New section 124 inserted

124Transitional provisions—Corrections Amendment (Parole Reform) Act 2013

14Repeal of amending Act

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Endnotes

Corrections Amendment (Parole Reform) Act 2013

No. 62 of 2013

[Assented to 6 November 2013]

The Parliament of Victoria enacts:

1Purpose

The purpose of this Act is to amend the Corrections Act 1986—

(a)to provide that safety and protection of the community is paramount in parole decisions; and

(b)to make amendments relating to membership of the Adult Parole Board—

(i)to provide for appointment of retired Judges of superior and intermediate courts of other jurisdictions; and

(ii)to expand the classes of member eligible to be appointed as chairperson; and

(iii)to provide for a deputy chairperson of the Adult Parole Board; and

(iv)to provide for a maximum term of office; and

(c)to provide for registered victims to be notified before release of a prisoner on parole.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 16 September 2014, it comes into operation on that day.

3Victim may be given certain copies of orders and information about a prisoner

(1)After section 30A(1) of the Corrections Act 1986 insert—

"(1A)Subject to subsection (3) and section 30G, the Secretary must notify a person included on the victims register in respect of an offence for which a prisoner is serving a sentence of imprisonment of the release of the prisoner on parole.

(1B)A notification under subsection (1A) must be made at least 14 days before the release of the prisoner on parole, unless the Adult Parole Board has waived the notice period in making the parole order.".

(2)In section 30A(2A) of the Corrections Act
1986, for "subsection (2)" substitute
"subsection (1A), (2)".

4Establishment of Board

(1)In section 61(2) of the Corrections Act 1986—

(a)for paragraph (a) substitute—

"(a)such number of Judges of the Supreme Court as are appointed by the Governor in Council on the recommendation of the Chief Justice of the Supreme Court; and";

(b)in paragraph (b), for "one or more Judges of the County Court" substitute "such number of Judges of the County Court as are";

(c)in paragraph (c), for "one or more Magistrates" substitute "such number of Magistrates as are";

(d)in paragraph (da)—

(i)after "County Court" insert "or a superior court or an intermediate court";

(ii)omit "as part-time members".

(2)After section 61(7) of the Corrections Act 1986 insert—

"(8)In this section—

intermediate court means a court of another State or a Territory of equivalent status to the County Court;

superior court means—

(a)the High Court; or

(b)the Federal Court; or

(c)the Family Court; or

(d)the Supreme Court of another State or a Territory.".

5New section 61A inserted

After section 61 of the Corrections Act 1986 insert—

"61A   Chairperson and deputy chairperson

(1)The Governor in Council must appoint a member of the Board appointed under section 61(2)(a), (b) or (da) (other than a retired Magistrate) to be chairperson of the Board.

(2)The Governor in Council may appoint a member of the Board appointed under section 61(2)(a), (b) or (da) (other than a retired Magistrate) to be deputy chairperson of the Board.

(3)If the chairperson is unable to perform the duties of office, is absent or the office of the chairperson is vacant, the deputy chairperson (if appointed) must act as chairperson and while acting has the functions, powers and duties of the chairperson.".

6Deputy members

(1)For section 62(1) of the Corrections Act 1986 substitute—

"(1)The Governor in Council may appoint a member of the Board appointed under section 61(2)(a), (b) or (da) (other than a retired Magistrate) to act as chairperson while—

(a)the chairperson is unable to perform the duties of office, is absent or the office of the chairperson is vacant; and

(b)the deputy chairperson is unable to perform the duties of office, is absent or the office of the deputy chairperson is vacant.".

(2)In section 62(2) of the Corrections Act 1986, before "the Secretary" insert "the chairperson, deputy chairperson or".

(3)For section 62(7) of the Corrections Act 1986 substitute—

"(7)While acting in the chairperson's place a deputy member appointed under subsection (1) has the functions, powers and duties of the chairperson.".

7Terms of office

(1)In section 63(1) of the Corrections Act 1986, for "A member" substitute "Subject to subsections (1A) and (1B), a member".

(2)After section 63(1) of the Corrections Act 1986 insert—

"(1A)A member of the Board may hold office for a maximum of 9 years, whether appointed for one or more terms, and whether or not those terms are consecutive.

(1B)A retired Judge of the Supreme Court or the County Court who has held office as a member of the Board for more than 9 years may be appointed to the Board for a term not exceeding 3 years if the retired Judge—

(a)has not held office as a member of the Board within the previous 12 months; and

(b)on that appointment, is also appointed as the chairperson.".

8Section 65 substituted

For section 65 of the Corrections Act 1986 substitute—

"65   Chairing of meetings

(1)The chairperson is to preside at meetings of the Board at which the chairperson is present, except where the Board meets as a Division of the Board.

(2)In absence of the chairperson, the deputy chairperson is to preside at meetings of the Board at which the deputy chairperson is present, except where the Board meets as a Division of the Board.

(3)In the absence of the chairperson and deputy chairperson, the acting chairperson is to preside at meetings of the Board at which the acting chairperson is present, except where the Board meets as a Division of the Board.

(4)In the absence of the chairperson, deputy chairperson and acting chairperson, a member appointed under section 61(2)(a), (ab), (b) or (c) chosen in accordance with the procedure determined by the chairperson is to preside at meetings of the Board, except where the Board meets as a Division of the Board.".

9Meetings

In section 66(1) and (5) of the Corrections Act 1986, after "the chairperson" insert "or deputy chairperson".

10Reports

(1)After section 72(1)(bca) of the Corrections Act 1986 insert—

"(bcb)the number of persons convicted during that period of a serious offence committed while on parole; and".

(2)After section 72(7) of the Corrections Act 1986 insert—

"(8)In this section—

serious offence means a sexual offence or a serious violent offence, both within the meaning of section 77(9).".

11New section 73A inserted

After section 73 of the Corrections Act 1986 insert—

"73A   Safety and protection of the community paramount in parole decisions

The Board must give paramount consideration to the safety and protection of the community in determining whether to make or vary a parole order, cancel a prisoner's parole or revoke the cancellation of parole.".

12Release on parole after service of non-parole period

After section 74(1) of the Corrections Act 1986 insert—

"(1A)The time fixed for release stated in the parole order must be at least 14 days after the day of making the order, unless the Board determines that the notice period under section 30A(1B) should be waived in the circumstances.".

13New section 124 inserted

At the end of Part 11 of the Corrections Act 1986 insert—

"124   Transitional provisions—Corrections Amendment (Parole Reform) Act 2013

The amendments made by the Corrections Amendment (Parole Reform) Act 2013 do not affect the appointment of the chairperson or any member of the Adult Parole Board made before the commencement of section 4 of that Act.".

14Repeal of amending Act

This Act is repealed on 16 September 2015.

Note

The repeal of this Act does not affect the continuing operation of the amendments 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 Assembly: 19 September 2013

Legislative Council: 17 October 2013

The long title for the Bill for this Act was "A Bill for an Act to amend the Corrections Act 1986 in relation to membership of the Adult Parole Board, making of parole decisions and notification of registered victims before release of a prisoner on parole and for other purposes."