Western Australian Current Acts

SENTENCE ADMINISTRATION ACT 2003

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      This Act to be read with Sentencing Act 1995
            
   4.      Terms and abbreviations used
            
   4A.     Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies

   PART 2 -- General matters

           Division 1 -- Preliminary  

   5.      Terms used and calculations
            
   5A.     Release considerations about people in custody
            
   5B.     Community safety paramount
            
   5C.     Victim’s submission to Board
            
   5D.     Term used: victim of an offender or prisoner

           Division 2 -- Matters affecting the service of terms  

   6.      When a term begins
            
   7.      Order of service of fixed terms
            
   8.      Effect of not being in custody
            
   9.      Effect of time before an appeal
            
   10.     No release if prisoner in custody for another matter

           Division 3 -- Reports about prisoners  

   11.     Report to Minister about the place of custody for a person in custody during Governor’s pleasure
            
   11A.    Reports by CEO to Board about certain prisoners
            
   12.     Reports by Board to Minister about prisoners generally
            
   12A.    Reports by Board to Minister about Schedule 3 prisoners
            
   12B.    Combined reports may be given under sections 12 and 12A

           Division 4 -- Programmes for certain prisoners  

   12C.    References to Board
            
   13.     Re-socialisation programmes for Schedule 3 prisoners
            
   14.     Re-socialisation programmes for certain other prisoners
            
   14A.    Regulations as to re-socialisation programmes

           Division 5 -- Directions to suspend reporting  

   14B.    Terms used
            
   14C.    Minister may direct suspension of reporting
            
   14D.    No review of direction to suspend reporting

   PART 3 -- Parole

           Division 1 -- Preliminary  

   15.     Terms used and calculations

           Division 2 -- Reports about certain people eligible for parole  

   17.     Parole term, CEO to give Board report about prisoner on

           Division 3 -- Parole in case of parole term  

   19.     Term used: prisoner
            
   20.     Board may parole prisoner

           Division 4 -- Parole in case of short term  

   22.     Application of Division
            
   23.     Board may parole prisoner

           Division 5 -- Parole in case of life or indefinite imprisonment  

   25.     Life imprisonment, Governor may parole prisoner
            
   27.     Indefinite imprisonment, Governor may parole prisoner

           Division 5A -- Releasing prisoners during the Governor’s pleasure  

   27A.    Operation of this Division
            
   27B.    Release may be by parole order

           Division 6 -- Parole orders  

   28.     Parole order, nature of
            
   29.     Parole order, standard obligations
            
   30.     Parole order, additional requirements
            
   31.     CEO to ensure parolee is supervised during supervised period

           Division 7 -- Parole orders, general provisions  

   32.     Parole order may relate to more than one term
            
   33.     Prisoner may refuse to be released on parole
            
   34.     Prisoner’s acknowledgment or undertaking
            
   35.     Making parole order after refusal by prisoner

           Division 8 -- Amendment of parole orders  

   36.     Amending before release
            
   37.     Amending during parole period

           Division 9 -- Suspension of parole orders  

   38.     Suspension by CEO
            
   39.     Suspension by Board
            
   40.     Period of suspension
            
   41.     Suspension, effect on other parole orders

           Division 10 -- Cancellation of parole orders  

   43.     Cancellation before release
            
   44.     Cancellation after release
            
   46.     Cancellation, effect on other parole orders

           Division 11 -- Miscellaneous  

   48.     Parole ordered by Governor, Minister to be advised of amendment, suspension or cancellation
            
   49.     Resolution of doubtful cases

   PART 4 -- Re-entry release orders  

   50.     Certain prisoners may apply to Board for RRO
            
   51.     CEO to report to Board about RRO applicants
            
   52.     Board may make RRO
            
   54.     RRO, nature of
            
   55.     RRO, standard obligations
            
   56.     RRO, primary requirements
            
   57.     RRO, additional requirements
            
   58.     Prisoner’s undertaking
            
   59.     CEO to ensure prisoner is supervised during RRO
            
   61.     Suspension of RRO by Board or CEO
            
   63.     Cancellation of RRO by Board

   PART 5 -- Provisions applying to early release orders

           Division 1 -- General  

   65.     Period of early release order counts as time served
            
   66.     Prisoner under sentence until discharged

           Division 1A -- Homicide offence or homicide related offence  

   66A.    Terms used
            
   66B.    Board not to release or recommend release unless prisoner cooperates or victim’s remains located
            
   66C.    Commissioner of Police report

           Division 1B -- Prisoners with links to terrorism or subject to Commissioner of Police reports

              Subdivision 1 -- Preliminary  

   66D.    Terms used

              Subdivision 2 -- Early release orders in cases of prisoners with links to terrorism  

   66E.    References to Board
            
   66F.    Additional release considerations
            
   66G.    Making early release orders
            
   66H.    Commissioner of Police reports
            
   66I.    Withdrawing Commissioner of Police reports

              Subdivision 3 -- Early release orders for other prisoners subject to Commissioner of Police reports  

   66J.    Term used: prisoner
            
   66K.    Releasing prisoners subject to Commissioner of Police report on parole
            
   66L.    Making parole order in respect of prisoner subject to Commissioner of Police report
            
   66M.    Making RRO in respect of prisoners subject to Commissioner of Police report

           Division 2 -- Automatic cancellation  

   67A.    Cancellation automatic in case of prisoner with links to terrorism
            
   67.     Cancellation automatic if prisoner imprisoned for offence committed on early release order

           Division 3 -- Consequences of suspension and cancellation  

   68.     Suspension, effect of
            
   69.     Cancellation, effect of
            
   70.     Returning prisoner to custody
            
   71.     Clean street time counts as time served

           Division 4 -- Re-release after cancellation  

   72.     Re-release after cancellation of order made by Board
            
   73.     Re-release after cancellation of parole order made by Governor
            
   74.     Parole period under new parole order deemed to be time served

   PART 5A -- Post-sentence supervision of certain offenders  

   74A.    Terms used
            
   74B.    PSSO considerations
            
   74C.    Reports by CEO to Board about prisoners
            
   74D.    Board may make PSSO
            
   74E.    Nature of PSSO
            
   74F.    Standard obligations of PSSO
            
   74G.    Additional requirements of PSSO
            
   74H.    CEO to ensure person subject to PSSO is supervised
            
   74I.    Amendment of PSSO
            
   74J.    Cancellation of PSSO
            
   74K.    Subsequent PSSO after cancellation for committing offence
            
   74L.    Offence for breach of PSSO

   PART 6 -- Provisions applying to offenders on community corrections orders  

   75.     Terms used
            
   76.     Offender’s obligations
            
   77.     Consequences of contravening s. 76 obligations
            
   78.     CEO may suspend requirements in case of illness etc.
            
   79.     Community service requirement, offender may be directed to do activities
            
   80.     Programme requirement, CEO may give offender additional directions
            
   81.     Compensation for injury to offenders
            
   82.     Regulations

   PART 7 -- Community corrections centres

           Division 1 -- Preliminary  

   83.     Terms used
            
   84.     Community corrections centres, declaration of
            
   85.     Community corrections activities, approval of

           Division 2 -- Management  

   86.     Instructions about management etc., issue of etc.
            
   87.     Managers of centres, functions of etc.
            
   88.     Functions of CCOs at centres
            
   89.     Access to centres
            
   90.     Searches
            
   91.     Seizure

           Division 3 -- Miscellaneous  

   92.     Department to report on centres
            
   93.     Regulations

   PART 8 -- Staff

           Division 1 -- Chief executive officer  

   94.     Functions
            
   95.     Delegation by CEO
            
   96.     CEO may confer functions of CCO on person
            
   97.     CEO to make information available to Board
            
   97A.    Disclosing information about offender for community safety
            
   97B.    Disclosing and requesting information
            
   97C.    Disclosing information to agencies outside WA
            
   97D.    Disclosing information to victims
            
   97E.    Disclosure under s. 97A, 97B, 97C and 97D not subject to other laws etc.

           Division 2 -- Other staff  

   98.     Appointment
            
   98A.    Duties of CCOs
            
   99.     Volunteers

           Division 3 -- Miscellaneous  

   100.    Compensation for injury to volunteers etc.
            
   101.    Assistance by police officers

   PART 9 -- Prisoners Review Board  

   102.    Board established
            
   103.    Membership
            
   104.    Training of members
            
   104A.   Registrar and other staff
            
   105.    Tenure, meetings etc. (Sch. 1)
            
   106.    Functions
            
   107.    Board to have powers of Royal Commission
            
   107A.   Board may use experts etc.
            
   107B.   Notification of Board’s decisions
            
   107C.   Publication of Board’s decisions
            
   108.    Orders by Board
            
   109.    Board may require person to appear before it
            
   110.    Issue of warrants by Board
            
   111.    Judicial notice of appointment and signature
            
   112.    Annual report to Minister
            
   112A.   Information to be excluded from annual reports
            
   113.    Special reports to Minister

   PART 10 -- Miscellaneous  

   114.    Reasons for decision may be withheld
            
   115.    Rules of natural justice excluded
            
   115A.   Board may review decisions about release
            
   115B.   Decisions made by Board as constituted by chairperson alone may be reconsidered
            
   116.    Arrest warrant may be issued if warrant of commitment in force
            
   117.    Issue and execution of warrants
            
   118.    Offences relating to monitoring equipment
            
   119.    Information, disclosure and use of by departmental staff etc.
            
   119A.   Protection of Commissioner of Police reports that may be withdrawn
            
   119B.   Protection of Commissioner of Police reports containing terrorist intelligence information
            
   119C.   Protection of terrorist intelligence information in legal proceedings
            
   120.    Protection from personal liability for torts
            
   120A.   Delegation by Commissioner of Police
            
   121.    Regulations
            
   122.     Review of Act

   PART 11 -- Transitional and validation provisions

           Division 1 -- Provisions for the Sentencing Legislation Amendment Act 2016 Part  

   123.    Terms used
            
   124.    Reports during the transitional period: pre-1996 prisoners
            
   125.    Participation in re-socialisation programmes: pre-1996 prisoners
            
   126.    Release on parole: pre-1996 prisoners
            
   127.    Validation of parole orders: pre-1996 prisoner
            
   128.    Inconsistency with former transitional provisions

           Division 2 -- Provisions for the Sentencing Legislation Amendment Act 2016 Part 3 Division  

   129.    Continued application of former Part 3 Division
           SCHEDULE 1 -- Provisions applying to the Prisoners Review Board  
           SCHEDULE 2 -- Serious offences
           SCHEDULE 3 -- Reports and re-socialisation programmes for certain prisoners