Prisons Act 1981 (WA) (CI) Amendment Ordinance 2000 (No. 1)

Overview

The Territory of Christmas Island Prisons Act 1981 (WA) (CI) Amendment Ordinance 2000 (No. 1) was enacted to address the issue of prisoners from the Territory of Christmas Island who were incarcerated in Western Australia prisons and subsequently released. This ordinance amends the existing Prisons Act 1981 (WA) (CI) in its application to the Territory of Christmas Island, providing for the return of such prisoners to the Territory. The enactment aims to ensure that individuals who were ordinarily resident in the Territory prior to imprisonment and request a return within 21 days of their release are facilitated to return to the Territory, either by having their fare paid or by making arrangements for their return. This measure was introduced under the authority of the Christmas Island Act 1958 by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The policy objective is to support the reintegration of former prisoners into their home community within the Territory.

Scope and Application

The Territory of Christmas Island Prisons Act 1981 (WA) (CI) Amendment Ordinance 2000 (No. 1) is an ordinance enacted under the authority of the Christmas Island Act 1958, aiming to amend the Prisons Act 1981 of Western Australia as it applies to the Territory of Christmas Island. This ordinance applies specifically to individuals who were prisoners in Western Australia but were ordinarily resident in the Territory of Christmas Island before their imprisonment. It mandates that upon release from prison, these individuals have the right to request their return to the Territory within 21 days. The chief executive officer is then required to either pay for their fare or arrange for their return to the Territory. It is crucial to note that this ordinance does not apply to those who have established ordinary residence outside the Territory post-release. The ordinance came into effect immediately upon its gazettal and extends its jurisdictional reach to the Territory of Christmas Island, thereby altering the application of the Prisons Act 1981 in this specific geographic context.

Key Provisions

The main operative sections of the Prisons Act 1981 (WA) (CI) Amendment Ordinance 2000 (No. 1) are found in Section 33, which provides for the return of persons to the Territory. Specifically, Section 33(2) requires the chief executive officer to either pay for the fare of a person who was a prisoner in Western Australia and was ordinarily resident in the Territory before imprisonment, or make arrangements for the person’s return to the Territory if they request this within 21 days of release from prison. However, this entitlement does not apply to individuals who became ordinarily resident outside the Territory after their release from prison, as per Section 33(3). The Act imposes specific obligations on the chief executive officer in relation to the return of eligible individuals to the Territory. The chief executive officer must act promptly upon the request of the eligible individual and must either facilitate their return by paying for their fare or arranging their return in some other manner. This obligation is clear and requires the officer to take immediate action upon receiving a valid request from an eligible individual. Breach of the provisions in this Act can lead to significant consequences. While the Act does not explicitly state penalties for non-compliance, failure to comply with the requirements to return eligible individuals to the Territory may result in civil or criminal consequences depending on the context and severity of the breach. The precise nature and extent of these consequences would be determined by the relevant authorities in accordance with existing laws.