Western Australian Current Acts Western Australian Current Acts (1) A report must be
given under this section about a Schedule 3 prisoner regardless of whether or
not a report has been given about the prisoner under section 12 (although
reports may be combined under section 12B).
(2) Except as provided
in subsection (2A), the Board must give the Minister a written report about a
Schedule 3 prisoner —
(a)
described in Division 1 column 2 of that Schedule — at the times
provided in columns 3 and 4 of that Division for a prisoner of that
description; and
(b)
described in Division 2 column 2 of that Schedule — at the times
provided in column 4 of that Division for a prisoner of that description.
(2A) The Board must
not give a written report under subsection (2) about a prisoner at any time
when a direction under section 14C is in effect in relation to the prisoner.
(2B) If a direction
under section 14C in relation to a prisoner ceases to have effect, and if no
other direction under that section is in effect in relation to that prisoner,
then except as provided in subsection (2C) the Board must resume giving
reports about the prisoner under subsection (2) as if —
(a) no
direction under section 14C had been given in relation to the prisoner; and
(b) each
report which would have been required but for a direction under section 14C
had been given when due.
(2C) If a report about
a prisoner under subsection (2) is due to be given within 7 months after a
direction under section 14C in relation to the prisoner ceases to have effect,
the Board must give the report by or as soon as practicable after the day on
which it is due but in any event not later than 7 months after the direction
ceases to have effect.
(3) A report given
under subsection (2) must deal with the release considerations relating to the
prisoner.
(4) If a report given
under subsection (2) recommends that the prisoner be released, the report
must, in addition to any other matters the Board thinks fit, report on —
(a)
whether the prisoner should be released on parole; and
(b) if
release on parole is recommended —
(i)
the period for which the prisoner should be on parole;
and
(ii)
the additional requirements (if any) to which the
prisoner should be subject while on parole.
(5) Subject to
sections 66B(1) and 66G(1), a report given under subsection (2) may recommend
whether or not the Governor should be advised to exercise any power vested in
the Governor to release the prisoner, and, if release is recommended, the
requirements or conditions (if any) that should apply to the prisoner’s
release.
(6) For the purposes
of determining under subsection (2)(b) when a subsequent report is due for a
prisoner described in Schedule 3 Division 2 column 2 —
(a) it
is immaterial whether the first report was given under a provision of this
Act, the Sentence Administration Act 1995 or the Offenders Community
Corrections Act 1963 that applied (or was taken to have applied) to or in
respect of the prisoner, as long as the report dealt with release
considerations (however described) relating to the prisoner; and
(b) if a
first report was not given, or was not given when it was due, then the first
report is to be taken to have been given at the time provided in column 3 of
that Division for a prisoner of that description.
[Section 12A inserted: No. 41 of 2006 s. 11;
amended: No. 29 of 2008 s. 39(6); No. 45 of 2016 s. 7; No. 2 of 2018 s. 5; No.
42 of 2018 s. 4; No. 14 of 2022 s. 7.]