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Corrections Amendment (Breach of
Parole) Bill 2013
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Clause 1 sets out the main purposes of the Bill.
The first purpose is to amend the Corrections Act 1986 to create
the offence of breaching a prescribed term or condition of a
parole order and to permit police to arrest and detain a prisoner
on parole upon breach of a prescribed parole term or condition.
The second purpose is to amend the Sentencing Act 1991 to
provide that sentences imposed for the offence of breaching a
prescribed term or condition of a parole order are to be served
cumulatively on other prison sentences.
Clause 2 is the commencement provision.
Subclause (1) provides that the Bill comes into operation upon
proclamation.
Subclause (2) specifies a default commencement date, 1 July
2014, if a proclamation of commencement is not made before this
date.
Clause 3 inserts new sections 78A to 78E in the Corrections Act 1986.
New section 78A specifies that it is an offence punishable by
3 months imprisonment or 30 penalty units (or both) if a prisoner
released on parole breaches a prescribed term or condition of his
or her parole order while on parole. Section 78A includes a note
referring to sections 16 and 33 of the Sentencing Act 1991.
Section 16 of that Act sets out when sentences are to be served
concurrently or cumulatively. Section 33 of that Act sets out the
circumstances when young offenders must serve sentences
concurrently or cumulatively.
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New section 78B(1) specifies that a member of the police force
may arrest a prisoner released under a parole order without
warrant if that member has reasonable grounds to suspect that the
prisoner has breached a prescribed term or condition of his or her
parole order.
New section 78B(2) enables a prisoner arrested under
section 78B(1) to be detained in custody if the member of the
police force who arrested the prisoner is satisfied that the breach
of the parole order constituting the offence is not trivial or minor
and that detention is necessary to prevent the prisoner continuing
the breach or committing a further breach of the parole order.
Section 78B(3) requires that a prisoner arrested under
section 78B(1) be detained in custody if the alleged breach by
the prisoner of his or her parole order is the commission of an
offence punishable by imprisonment (other than an offence
against new section 78A) or is the breach of a term or condition
of the parole order that has been prescribed by Regulation for the
purposes of section 78B.
Under new section 78B(4), the member of the police force who
arrested the prisoner must cause the Adult Parole Board to be
notified of any detention made pursuant to the powers set out in
new section 78B(2) or (3) not more than 12 hours after the arrest.
New section 78C(1) requires the Adult Parole Board, as soon as
reasonably practicable after being giving notice by a member of
the police force under section 78B(4), to order either the
detention of the prisoner in a prison or police gaol or the release
of the prisoner from custody.
Section 78C(2) enables a single member of the Adult Parole
Board to fulfil the Adult Parole Board's function under
section 78C(1) on behalf of the Adult Parole Board, if that
member is not the Secretary to the Department of Justice or a
part-time member.
Section 78C(3) requires the Adult Parole Board, when an order is
made under section 78C(1)(a), to consider the breach of the term
or condition (under Division 5 of Part 8 of the Corrections Act
1986) as soon as practicable after receiving notice of the
detention of the prisoner.
New section 78D(1) and (2) operate so that section 464A of the
Crimes Act 1958 and section 4 of the Bail Act 1977 do not
apply to a prisoner detained under new section 78B(2) or (3) or
an order made by the Adult Parole Board under section 78C(1)(a)
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except when the Board, after considering the alleged breach of
the prisoner's parole order, does not cancel that parole order.
New section 78E provides that any time spent by the prisoner in
detention under new section 78B(2) or (3) or under an order
made by the Adult Parole Board under new section 78C(1)(a) is
to be regarded as time served by the prisoner in respect of the
prison sentence in relation to which he or she was on parole when
the breach occurred.
Clause 4 sets out transitional provisions to be inserted after section 122 of
the Corrections Act 1986.
New section 123(1) of the Corrections Act 1986 provides that
new section 78A applies in relation to offences alleged to have
been committed on or after the commencement of clause 3 of this
Bill.
New section 123(2) clarifies that, for the purposes of section
123(1), if an offence is alleged to have been committed between
two dates (one before and one on or after the commencement of
clause 3 of this Bill), that offence is alleged to have been
committed prior to the commencement of clause 3. This section
ensures that the offence in new section 78A only applies to
breaches that occur after the commencement of clause 3 of this
Bill.
Clause 5 amends section 16(3B) of the Sentencing Act 1991 to refer to
new section 16(3BA), which is inserted by clause 5(2).
New section 16(3BA)(a) provides that any term of imprisonment
imposed pursuant to the offence contained in new section 78A of
the Corrections Act 1986 must be served cumulatively on any
period of imprisonment the prisoner is required to serve for the
offence in relation to which he or she was released on parole.
In addition, new section 16(3BA)(b) provides that any term of
imprisonment imposed pursuant to the offence contained in new
section 78A of the Corrections Act 1986 must be served
cumulatively on any sentence of imprisonment imposed for any
other offence committed while that prisoner was released on
parole, regardless of whether the term of imprisonment was
imposed before or at the same time as the term imposed for the
offence against section 78A.
The requirements set out in new section 16(3BA)(a) and (b)
apply unless otherwise directed by the court because of the
existence of exceptional circumstances.
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Clause 6 provides for the automatic repeal of this amending Bill on 1 July
2015, which is one year after the commencement date.
The repeal of this Bill does not affect in any way the continuing
operation of the amendments made by this Bill (see section 15(1)
of the Interpretation of Legislation Act 1984).
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