Victorian Numbered Acts

JUSTICE LEGISLATION AMENDMENT (PAROLE REFORM AND OTHER MATTERS) ACT 2016 (NO. 76 OF 2016) - SECT 6

After section 74AA of the Corrections Act 1986 insert —

        " 74AABA     Conditions for making a parole order for person imprisoned for certain fatal offences

    (1)     The Board must not make a parole order under section 74 or 78 in respect of a prisoner serving a sentence of imprisonment for an offence of murder, conspiracy to murder, accessory to murder or manslaughter unless the Board is satisfied that the prisoner has cooperated satisfactorily in the investigation of the offence to identify—

        (a)     the location, or the last known location, of the body or remains of the victim of the offence; and

        (b)     the place where the body or remains of the victim of the offence may be found.

Note

See section 5(2CA) of the Sentencing Act 1991 .

    (2)     Subsection (1) also applies in the case of a corresponding offence committed outside Victoria for which the prisoner is serving a sentence of imprisonment in Victoria, having been transferred to Victoria under the Prisoners (Interstate Transfer) Act 1983 .

    (3)     For the purposes of subsection (1), the Board must have regard to the following—

        (a)     a report by the Chief Commissioner of Police evaluating the prisoner's cooperation in the investigation of the offence;

        (b)     a report from the Secretary to the Department in respect of whether the prisoner is suitable for release on parole;

        (c)     the capacity of the prisoner to cooperate in the investigation of the offence, which may include information provided in a report under paragraph (a) or (b);

Examples

A mental or physical infirmity, such as age, cognitive impairment, mental impairment, dementia or a decline in memory.

        (d)     the record of the court in relation to the offending, including the judgment and the reasons for sentence;

        (e)     any other information regarding whether the body or remains of a deceased victim was or were recovered as a result of the prisoner's cooperation in the investigation of the offence;

        (f)     any submission to the Board by a victim under section 74A.

    (4)     A report referred to in subsection (3)(a) must include an evaluation of the following—

        (a)     the nature and extent of the prisoner's cooperation;

        (b)     the timeliness of the prisoner's cooperation;

        (c)     the truthfulness, completeness, reliability and credibility of any information or evidence provided by the prisoner;

        (d)     the significance and usefulness of the prisoner's cooperation, including, but not limited to, information ascertained from the Crown's case put at trial if that case includes reference to whether the prisoner was acknowledged to have information relevant to—

              (i)     the location, or the last known location, of the body or remains of the victim of the offence; and

              (ii)     the place where the body or remains of the victim of the offence may be found.

    (5)     Cooperation referred to in this section may occur before or after the prisoner was sentenced to imprisonment.

    (6)     For the avoidance of doubt, section 73A also applies to the determination of the Board under this section.".