Victorian Current Acts Victorian Current Acts(1) The Board must not make a parole order under section 74 or 78 in respect of the prisoner Craig Minogue unless an application for the order is made to the Board by or on behalf of the prisoner.
(2) The application must be lodged with the secretary of the Board.
(3) After considering the application, the Board may make an order under section 74 or 78 in respect of the prisoner Craig Minogue if, and only if, the Board—
(a) is satisfied (on the basis of a report prepared by the Secretary to the Department) that the prisoner—
(i) is in imminent danger of dying or is seriously incapacitated and, as a result, he no longer has the physical ability to do harm to any person; and
(ii) has demonstrated that he does not pose a risk to the community; and
(b) is further satisfied that, because of those circumstances, the making of the order is justified.
(4) The Charter of Human Rights and Responsibilities Act 2006 has no application to this section.
(5) Without limiting subsection (4), section 31(7) of the Charter of Human Rights and Responsibilities Act 2006 does not apply to this section.
(6) In this section, a reference to the prisoner Craig Minogue is a reference to the Craig William Minogue who was sentenced by the Supreme Court on 24 August 1988 to life imprisonment for one count of murder.
S. 74AC inserted by No. 36/2023 s. 7.