South Australian Numbered Acts South Australian Numbered Acts12—Amendment of section 67—Release on parole by application to the
Board
(1) Section 67(1) and
(2)—delete subsections (1) and (2) and substitute:
(1) This section
applies to a prisoner if—
(a)
section 66 does not apply to the prisoner; and
(b) a
non-parole period has been fixed for the prisoner; and
(c) the
prisoner is not serving a sentence of indeterminate duration.
(2) If this section
applies to a prisoner—
(a) the
prisoner; or
(b) the
Chief Executive Officer, or any employee of the Department authorised by the
Chief Executive Officer,
may apply in the prescribed manner to the Board for the prisoner's release on
parole.
(2) Section
67—after subsection (3) insert:
(3a) The paramount
consideration of the Board when determining an application under this section
for the release of a prisoner on parole must be the safety of the community.
(3) Section
67(4)—delete "In determining an application under this section for the
release of a prisoner on parole, the Board must have regard to the following
matters" and substitute:
The Board must also take the following matters into consideration when
determining an application under this section
(4) Section
67(4)(c)—delete "but only insofar as it may assist the Board to
determine how the prisoner is likely to behave should the prisoner be released
on parole" and substitute:
(but the Board may not substitute its view of these matters for the view
expressed by the court in passing sentence)
(5) Section
67(4)—after paragraph (c) insert:
(ca) if,
in relation to an offence for which the prisoner was imprisoned, there is a
registered victim—the impact that the release of the prisoner on parole
is likely to have on the registered victim and the registered victim's family;
and
(6) Section
67(4)(f)—delete paragraph (f) and substitute:
(f) any
reports tendered to the Board—
(i)
on the social background, or the medical, psychological
or psychiatric condition, of the prisoner;
(ii)
from community corrections officers or other officers or
employees of the Department; and