Victorian Current Acts Victorian Current ActsS. 458(1) amended by Nos 61/2014 s. 112(2), 32/2018 s. 106(1).
(1) Subject to this section, the Youth Parole Board may by order in writing direct that a person detained in a youth residential centre, a youth justice centre or otherwise subject to the jurisdiction of the Youth Parole Board be released on or granted parole at the time specified in the order and, unless the Youth Parole Board revokes the order under subsection (2), the person must be released on or granted parole accordingly.
S. 458(1AA) inserted by No. 32/2018 s. 106(2).
(1AA) If the Secretary to the Department of Justice and Regulation provides the Youth Parole Board with terrorism risk information under section 457B in respect of a person, the Board must not determine whether to release the person on parole until the Board has first determined whether or not the Board is satisfied that there is a risk that the person will commit a terrorism or foreign incursion offence.
S. 458(1AAB) inserted by No. 32/2018 s. 106(2).
(1AAB) Subsection (1AA) does not apply in relation to a determination of whether to release on parole a person who—
(a) has a terrorism record; or
(b) is charged with a terrorism or foreign incursion offence.
S. 458(1AAC) inserted by No. 32/2018 s. 106(2).
(1AAC) The presumption against parole set out in subsection (1AAD) applies to a person if—
(a) the person has a terrorism record; or
(b) the person is charged with a terrorism or foreign incursion offence; or
(c) the Youth Parole Board has determined, under subsection (1AA), that there is a risk that the person will commit a terrorism or foreign incursion offence.
S. 458(1AAD) inserted by No. 32/2018 s. 106(2).
(1AAD) The Youth Parole Board must not release on parole a person referred to in subsection (1AAC) unless satisfied that—
(a) in the case of a person who has been convicted of a terrorism or foreign incursion offence, there are exceptional circumstances that justify making the order; or
(b) in any other case, there are compelling reasons that justify making the order.
S. 458(1A) inserted by No. 69/2014 s. 9.
(1A) Despite subsection (1), the Youth Parole Board must not release on parole a person in respect of whom a youth justice centre order has been made in accordance with section 10AA(2) of the Sentencing Act 1991 before the expiry of the minimum term applicable under that section.
(2) Before a person is released under a parole order the Youth Parole Board may revoke the parole order.
(3) If, before a person is released on parole, the Youth Parole Board determines that the person is to be released at a time other than that specified in the parole order, the person must be released at that other time.
S. 458(4) substituted by No. 43/2017 s. 28.
(4) Subject to any determination of the Youth Parole Board, a parole order is subject to—
(a) the prescribed terms and conditions; and
(b) any conditions imposed under section 458A.
(5) The Youth Parole Board may amend or vary the terms and conditions to which a parole order is subject.
(6) If the terms and conditions of a parole order require a person to be under the supervision of a youth parole officer, the Secretary must assign a youth parole officer to supervise the person and may from time to time assign another youth parole officer in place of the youth parole officer previously assigned.
(7) A person released on or granted parole must during the parole period comply with the terms and conditions of the parole order.
S. 458(8) inserted by No. 55/2014 s. 133, amended by No. 63/2016 s. 17.
(8) This section does not apply to a person detained in a youth residential centre or a youth justice centre in accordance with a custodial supervision order under Part 5A of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 .
S. 458A inserted by No. 43/2017 s. 29.