Western Australian Current Acts Western Australian Current Acts (1) The members of the
Board are —
(a) a
chairperson, to be nominated by the Minister and appointed by the Governor;
and
(b) at
least 2 deputy chairpersons, to be nominated by the Minister and appointed by
the Governor; and
(c) as
many community members as are necessary to deal with the workload of the
Board, to be nominated by the Minister and appointed by the Governor; and
(d) as
many officers of the Public Sector agency of which the CEO is the chief
executive officer as are necessary to deal with the workload of the Board, to
be appointed by the CEO; and
(e) as
many police officers as are necessary to deal with the workload of the Board,
to be appointed by the Commissioner of Police.
(2) The Minister must
not nominate a person as the chairperson unless —
(a) the
person has served as, or is qualified for appointment as, a judge of the
District Court of Western Australia, the Supreme Court of Western Australia or
another State or Territory, the High Court of Australia or the Federal Court
of Australia; and
(b) if
the person holds judicial office, the person has consented in writing to be
nominated.
(2A) A person holding
a judicial office must retire upon being nominated as the chairperson.
(3) The Minister must
not nominate a person as a deputy chairperson unless the person has, in the
Minister’s opinion, extensive or special knowledge of matters involved
in the performance of the Board’s functions.
(4) The Minister must
not nominate a person as a community member unless the Minister is satisfied
—
(a) that
the person is able to make an objective and reasonable assessment of the
degree of risk that the release of a prisoner would appear to present to the
personal safety of people in the community or of any individual in the
community; and
(b) that
the person has one or more of the following attributes —
(i)
the person has a knowledge and understanding of the
impact of offences on victims;
(ii)
the person has a knowledge and understanding of
Aboriginal culture local to this State;
(iii)
the person has a knowledge and understanding of a range
of cultures among Australians;
(iv)
the person has a knowledge and understanding of the
criminal justice system;
(v)
the person has a broad experience in a range of community
issues such as issues relating to employment, substance abuse, physical or
mental illness or disability, or lack of housing, education or training.
(5) In nominating
persons as community members the Minister is to ensure that at all times at
least one community member has the attribute mentioned in subsection (4)(b)(i)
and at least one community member is an Aboriginal person who has the
attribute mentioned in subsection (4)(b)(ii).
(6) On appointing a
member of the Board under subsection (1)(d) or (e), the CEO or the
Commissioner of Police, as the case may be, must give written notice of the
appointment to —
(a) the
person appointed; and
(b) the
registrar of the Board.
[Section 103 inserted: No. 41 of 2006 s. 57;
amended: No. 29 of 2020 s. 114.]