Victorian Numbered Acts

CORRECTIONS AMENDMENT (PAROLE) ACT 2014 (NO. 18 OF 2014) - SECT 3

See:
Act No.
117/1986.
Reprint No. 10
as at
20 November 2013
and amending
Act Nos
46/2013, 67/2013, 72/2013 and 76/2013.
LawToday:
www.
legislation.
vic.gov.au

After section 74 of the Corrections Act 1986 insert —

        " 74AA     Conditions for making a parole order for Julian Knight

    (1)     The Board must not make a parole order under section 74 in respect of the prisoner Julian Knight 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 in respect of the prisoner Julian Knight if, and only if, the Board—

        (a)     is satisfied (on the basis of a report prepared by the Secretary to the Department of Justice) 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 Julian Knight is a reference to the Julian Knight who was sentenced by the Supreme Court in November 1988 to life imprisonment for each of 7 counts of murder.".