SENTENCING (PAROLE) REGULATIONS 2010
Regulations No. 1 of 2010
I, Owen Edward John Walsh, Administrator of Norfolk Island, acting in accordance with the advice of the Executive Council of Norfolk Island, make the following Regulations under section 176 of the Sentencing Act 2007.
Dated 23 February 2010.
O.E.J. Walsh
Administrator
By His Honour’s Command
S.V. Jack
Minister for the Environment, Education and Social Welfare
Acting at the request and for and on behalf of Minister for Tourism and Health
Short title
1. These Regulations may be cited as the Sentencing (Parole) Regulations 2010.
Definition
2. In these Regulations─
(a) The Sentencing Act 2007 is referred to as “the Act”.
(b) The Crimes (Administration of Sentences) Act 1999 of New South Wales is sometimes referred to as “that Act”.
Release on parole after service of non-parole period
3. For the purpose of subsection 151(4) of the Act, with respect to a parole order made by State Parole Authority of New South Wales in its function as a Board─
(a) A parole order is subject to the terms and conditions that the order would be subject to under the Crimes (Administration of Sentences) Act 1999 of New South Wales or any regulations under that Act if it had been made in relation to the prisoner concerned by the State Parole Authority of New South Wales under that Act.
(b) A parole order for a prisoner may be made subject to any condition of a kind that could be imposed by the State Parole Authority of New South Wales under that Act if the prisoner were an inmate within the meaning of that Act.
Notified Gazette No. 8, 26 February 2010.
Commenced on gazettal (26 February 2010).
Printed on the authority of the Administrator.
© Norfolk Island Government 2010
The Copyright Act 1968 of the Commonwealth of Australia permits certain reproduction and publication of this legislation. For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Legislative Counsel, Administration of Norfolk Island, Norfolk Island, South Pacific 2899.
Overview
The Norfolk Island Sentencing (Parole) Regulations 2010 were enacted by the Administrator of Norfolk Island, acting on the advice of the Executive Council, under section 176 of the Sentencing Act 2007. These regulations were introduced to ensure that parole orders made by the State Parole Authority of New South Wales for prisoners on Norfolk Island are subject to the same terms and conditions as if those orders were made under the Crimes (Administration of Sentences) Act 1999 of New South Wales. This approach addresses a gap in the application of parole conditions between Norfolk Island and New South Wales, ensuring consistency in the administration of parole. The policy objective of these regulations is to maintain the integrity and effectiveness of parole processes for prisoners on Norfolk Island, aligning them closely with New South Wales’ legal framework to facilitate a smooth transition for prisoners moving between jurisdictions.
Scope and Application
The Sentencing (Parole) Regulations 2010, made under section 176 of the Sentencing Act 2007, apply to parole orders for prisoners on Norfolk Island. These regulations govern the terms and conditions of parole orders issued by the State Parole Authority of New South Wales, which functions as a Board for Norfolk Island. Specifically, the regulations ensure that parole orders for Norfolk Island prisoners are subject to the same terms and conditions as they would be under the Crimes (Administration of Sentences) Act 1999 of New South Wales or any related regulations. This ensures consistency and compliance with New South Wales legislation for prisoners serving their sentences on Norfolk Island. The geographic reach of these regulations is confined to Norfolk Island, with the New South Wales State Parole Authority acting as the relevant parole board. There are no explicit exclusions, exemptions, or thresholds specified within the regulations themselves, though they do provide that parole orders may include any conditions that could be imposed by the New South Wales State Parole Authority. These regulations commenced on gazettal, on 26 February 2010, and they may be further extended or modified through subordinate instruments as necessary.
Key Provisions
The Norfolk Island Sentencing (Parole) Regulations 2010 (Regulations) provide essential guidance on how parole orders for prisoners on Norfolk Island should be executed following the service of their non-parole periods. Under section 3 of the Regulations, a parole order made by the State Parole Authority of New South Wales is subject to the same terms and conditions as would apply if the order had been made under the Crimes (Administration of Sentences) Act 1999 of New South Wales. This ensures consistency in how parole conditions are managed, reflecting the statutory framework governing parole in New South Wales.
These Regulations impose certain obligations on the State Parole Authority of New South Wales when it exercises its functions in relation to Norfolk Island prisoners. Specifically, they require that parole orders issued for Norfolk Island prisoners adhere to the same terms and conditions as those that would apply if the prisoners were serving their sentences within New South Wales. This includes ensuring that any conditions imposed on a parole order are of a kind that the State Parole Authority could impose under the Crimes (Administration of Sentences) Act 1999. Such adherence ensures that there is a uniform approach to parole management, irrespective of the geographic location of the prisoner.
In terms of consequences for non-compliance, the Regulations themselves do not specify particular offences or penalties for breach. However, any failure to adhere to the prescribed terms and conditions of a parole order could potentially lead to legal repercussions under the Crimes (Administration of Sentences) Act 1999. This might include re-incarceration or other penal consequences for the prisoner. The precise penalties would be determined in accordance with the broader legal framework of New South Wales, which governs the administration of sentences and parole conditions.