Correctional Services (Parole) Amendment Act 2015 (SA)

South Australia

Correctional Services (Parole) Amendment Act 2015

An Act to amend the Correctional Services Act 1982; and to make a related amendment to the Freedom of Information Act 1991.

The Parliament of South Australia enacts as follows:

This Act may be cited as the Correctional Services (Parole) Amendment Act 2015.

This Act will come into operation on a day to be fixed by proclamation.

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Section 33(7)—after paragraph (ba) insert:

1. (bb)

   to the Parole Administrative Review Commissioner

Section 64(4)—delete subsection (4)

1. (1)

   Section 67(5) to (7c)—delete subsections (5) to (7c) (inclusive) and substitute:

   1. (5)

      Subject to subsections (6) to (7b) (inclusive), the Board may, on an application under this section, order that a prisoner be released from prison on parole on a day specified in the order.

   2. (6)

      Without derogating from subsections (3a) and (4), the Board must not order that a prisoner serving a sentence of life imprisonment for an offence of murder be released on parole unless the Board is satisfied that the prisoner has satisfactorily cooperated in the investigation of the offence (whether the cooperation occurred before or after the prisoner was sentenced to imprisonment).

   3. (7)

      For the purposes of subsection (6), the Board must take into account any report tendered to the Board from the Commissioner of Police evaluating the prisoner's cooperation in the investigation of the offence, including—

      1. (a)

         the nature and extent of the prisoner's cooperation; and

      2. (b)

         the timeliness of the cooperation; and

      3. (c)

         the truthfulness, completeness and reliability of any information or evidence provided by the prisoner; and

      4. (d)

         the significance and usefulness of the prisoner's cooperation.

   4. (7a)

      If the Board orders the release on parole of a prisoner who is serving a sentence of life imprisonment—

      1. (a)

         the Board must provide a copy of the order and a written statement of the reasons for making the order to the following persons:

         1. (i)

            the CE;

         2. (ii)

            the prisoner;

         3. (iii)

            the Attorney‑General;

         4. (iv)

            the Commissioner of Police;

         5. (v)

            the Commissioner for Victims' Rights;

         6. (vi)

            if, in relation to an offence for which the prisoner was imprisoned, there is a registered victim—the registered victim, unless the victim has indicated to the Board that he or she does not wish to be so notified; and

      2. (b)

         the day of release specified in the order must be a day that falls after the period within which an application for review of the order under Division 4 may be made.

   5. (7b)

      If an order for release on parole of a prisoner who is serving a sentence of life imprisonment is stayed by operation of…