Sentence Administration Act 2003 (WA)

Western Australia Sentence Administration Act 2003 Western Australia Sentence Administration Act 2003 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. This Act to be read with Sentencing Act 1995 1 4. Terms and abbreviations used 1 4A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies 1 Part 2 — General matters Division 1 — Preliminary 5. Terms used and calculations 1 5A. Release considerations about people in custody 1 5B. Community safety paramount 1 5C. Victim's submission to Board 1 5D. Term used: victim of an offender or prisoner 1 Division 2 — Matters affecting the service of terms 6. When a term begins 1 7. Order of service of fixed terms 1 8. Effect of not being in custody 1 9. Effect of time before an appeal 1 10. No release if prisoner in custody for another matter 1 Division 3 — Reports about prisoners 11. Report to Minister about the place of custody for a person in custody during Governor's pleasure 1 11A. Reports by CEO to Board about certain prisoners 1 12. Reports by Board to Minister about prisoners generally 1 12A. Reports by Board to Minister about Schedule 3 prisoners 1 12B. Combined reports may be given under sections 12 and 12A 1 Division 4 — Programmes for certain prisoners 12C. References to Board 1 13. Re‑socialisation programmes for Schedule 3 prisoners 1 14. Re‑socialisation programmes for certain other prisoners 1 14A. Regulations as to re‑socialisation programmes 1 Division 5 — Directions to suspend reporting 14B. Terms used 1 14C. Minister may direct suspension of reporting 1 14D. No review of direction to suspend reporting 1 Part 3 — Parole Division 1 — Preliminary 15. Terms used and calculations 1 Division 2 — Reports about certain people eligible for parole 17. Parole term, CEO to give Board report about prisoner on 1 Division 3 — Parole in case of parole term 19. Term used: prisoner 1 20. Board may parole prisoner 1 Division 4 — Parole in case of short term 22. Application of Division 1 23. Board may parole prisoner 1 Division 5 — Parole in case of life or indefinite imprisonment 25. Life imprisonment, Governor may parole prisoner 1 27. Indefinite imprisonment, Governor may parole prisoner 1 Division 5A — Releasing prisoners during the Governor's pleasure 27A. Operation of this Division 1 27B. Release may be by parole order 1 Division 6 — Parole orders 28. Parole order, nature of 1 29. Parole order, standard obligations 1 30. Additional requirements for parole order 1 31. CEO to ensure parolee is supervised during supervised period 1 Division 7 — Parole orders, general provisions 32. Parole order may relate to more than one term 1 33. Prisoner may refuse to be released on parole 1 34. Prisoner's acknowledgment or undertaking 1 35. Making parole order after refusal by prisoner 1 Division 8 — Amendment of parole orders 36. Amending before release 1 37. Amending during parole period 1 Division 9 — Suspension of parole orders 38. Suspension by CEO 1 39. Suspension by Board 1 40. Period of suspension 1 41. Suspension, effect on other parole orders 1 Division 10 — Cancellation of parole orders 43. Cancellation before release 1 44. Cancellation after release 1 46. Cancellation, effect on other parole orders 1 Division 11 — Miscellaneous 48. Parole ordered by Governor, Minister to be advised of amendment, suspension or cancellation 1 49. Resolution of doubtful cases 1 Part 4 — Re‑entry release orders 50. Certain prisoners may apply to Board for RRO 1 51. CEO to report to Board about RRO applicants 1 52. Board may make RRO 1 54. RRO, nature of 1 55. RRO, standard obligations 1 56. RRO, primary requirements 1 57. RRO, additional requirements 1 58. Prisoner's undertaking 1 59. CEO to ensure prisoner is supervised during RRO 1 61. Suspension of RRO by Board or CEO 1 63. Cancellation of RRO by Board 1 Part 5 — Provisions applying to early release orders Division 1 — General 65. Period of early release order counts as time served 1 66. Prisoner under sentence until discharged 1 Division 1A — Homicide offence or homicide related offence 66A. Terms used 1 66B. Board not to release or recommend release unless prisoner cooperates or victim's remains located 1 66C. Commissioner of Police report 1 Division 1B — Prisoners with links to terrorism or subject to Commissioner of Police reports Subdivision 1 — Preliminary 66D. Terms used 1 Subdivision 2 — Early release orders in cases of prisoners with links to terrorism 66E. References to Board 1 66F. Additional release considerations 1 66G. Making early release orders 1 66H. Commissioner of Police reports 1 66I. Withdrawing Commissioner of Police reports 1 Subdivision 3 — Early release orders for other prisoners subject to Commissioner of Police reports 66J. Term used: prisoner 1 66K. Releasing prisoners subject to Commissioner of Police report on parole 1 66L. Making parole order in respect of prisoner subject to Commissioner of Police report 1 66M. Making RRO in respect of prisoners subject to Commissioner of Police report 1 Division 2 — Automatic cancellation 67A. Cancellation automatic in case of prisoner with links to terrorism 1 67. Cancellation automatic if prisoner imprisoned for offence committed on early release order 1 Division 3 — Consequences of suspension and cancellation 68. Suspension, effect of 1 69. Cancellation, effect of 1 70. Returning prisoner to custody 1 71. Clean street time counts as time served 1 Division 4 — Re‑release after cancellation 72. Re‑release after cancellation of order made by Board 1 73. Re‑release after cancellation of parole order made by Governor 1 74. Parole period under new parole order deemed to be time served 1 Part 5A — Post‑sentence supervision of certain offenders 74A. Terms used 1 74B. PSSO considerations 1 74C. Reports by CEO to Board about prisoners 1 74D. Board may make PSSO 1 74E. Nature of PSSO 1 74F. Standard obligations of PSSO 1 74G. Additional requirements of PSSO 1 74H. CEO to ensure person subject to PSSO is supervised 1 74I. Amendment of PSSO 1 74J. Cancellation of PSSO 1 74K. Subsequent PSSO after cancellation for committing offence 1 74L. Offence for breach of PSSO 1 Part 6 — Provisions applying to offenders on community corrections orders 75. Terms used 1 76. Offender's obligations 1 77. Consequences of contravening s. 76 obligations 1 78. CEO may suspend requirements in case of illness etc. 1 79. Community service requirement, offender may be directed to do activities 1 80. Programme requirement, CEO may give offender additional directions 1 81. Compensation for injury to offenders 1 82. Regulations 1 Part 7 — Community corrections centres Division 1 — Preliminary 83. Terms used 1 84. Community corrections centres, declaration of 1 85. Community corrections activities, approval of 1 Division 2 — Management 86. Instructions about management etc., issue of etc. 1 87. Managers of centres, functions of etc. 1 88. Functions of CCOs at centres 1 89. Access to centres 1 90. Searches 1 91. Seizure 1 Division 3 — Miscellaneous 92. Department to report on centres 1 93. Regulations 1 Part 8 — Staff Division 1 — Chief executive officer 94. Functions 1 95. Delegation by CEO 1 96. CEO may confer functions of CCO on person 1 97. CEO to make information available to Board 1 97A. Disclosing information about offender for community safety 1 97B. Disclosing and requesting information 1 97C. Disclosing information to agencies outside WA 1 97D. Disclosing information to victims 1 97DA. Disclosing electronic monitoring information 1 97E. Disclosure under s. 97A, 97B, 97C, 97D and 97DA not subject to other laws and effect of disclosure 1 Division 2 — Other staff 98. Appointment 1 98A. Duties of CCOs 1 99. Volunteers 1 Division 3 — Miscellaneous 100. Compensation for injury to volunteers etc. 1 101. Assistance by police officers 1 Part 9 — Prisoners Review Board 102. Board established 1 103. Membership 1 104. Training of members 1 104A. Registrar and other staff 1 105. Tenure, meetings etc. (Sch. 1) 1 106. Functions 1 107. Board to have powers of Royal Commission 1 107A. Board may use experts etc. 1 107B. Notification of Board's decisions 1 107C. Publication of Board's decisions 1 108. Orders by Board 1 109. Board may require person to appear before it 1 110. Issue of warrants by Board 1 111. Judicial notice of appointment and signature 1 112. Annual report to Minister 1 112A. Information to be excluded from annual reports 1 113. Special reports to Minister 1 Part 10 — Miscellaneous 114. Reasons for decision may be withheld 1 115. Rules of natural justice excluded 1 115A. Board may review decisions about release 1 115B. Decisions made by Board as constituted by chairperson alone may be reconsidered 1 116. Arrest warrant may be issued if warrant of commitment in force 1 117. Issue and execution of warrants 1 118. Offences relating to monitoring equipment 1 118A. Evidentiary provision for electronic monitoring offences 1 119. Information, disclosure and use of by departmental staff etc. 1 119A. Protection of Commissioner of Police reports that may be withdrawn 1 119B. Protection of Commissioner of Police reports containing terrorist intelligence information 1 119C. Protection of terrorist intelligence information in legal proceedings 1 120. Protection from personal liability for torts 1 120A. Delegation by Commissioner of Police 1 121. Regulations 1 122. Review of Act 1 Part 11 — Transitional and validation provisions Division 1 — Provisions for the Sentencing Legislation Amendment Act 2016 Part 2 123. Terms used 1 124. Reports during the transitional period: pre‑1996 prisoners 1 125. Participation in re‑socialisation programmes: pre‑1996 prisoners 1 126. Release on parole: pre‑1996 prisoners 1 127. Validation of parole orders: pre‑1996 prisoner 1 128. Inconsistency with former transitional provisions 1 Division 2 — Provisions for the Sentencing Legislation Amendment Act 2016 Part 3 Division 2 129. Continued application of former Part 3 Division 4 1 Division 3 — Provisions for the Family Violence Legislation Reform Act 2024 130. Term used: commencement day 1 131. Particular reports given under s. 12 or 12A may be amended or supplemented 1 132. Particular reports given under s. 17 may be amended or supplemented 1 133. Particular reports given under s. 51 may be amended or supplemented 1 134. Particular reports given under s. 74C may be amended or supplemented 1 135. Application of s. 57 to applications for re‑entry release orders 1 Schedule 1 — Provisions applying to the Prisoners Review Board 1. Term used: member 1 2. Term etc. of office 1 3. Resignation 1 4. Terminating appointments 1 5. Meetings 1 6. Conditions of service 1 7. Leave of absence 1 Schedule 2 — Serious offences Schedule 3 — Reports and re‑socialisation programmes for certain prisoners Division 1 — Current sentence types Division 2 — Former sentence types Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Sentence Administration Act 2003 An Act to provide for the administration of sentences and other orders imposed on offenders.