Western Australian Current Acts Western Australian Current Acts (1) In this section
—
prisoner means a Schedule 3 prisoner.
(2) At a prescribed
time in the sentence of a prisoner the CEO must assess
—
(a) the
suitability of the prisoner for inclusion in a re-socialisation programme; and
(b)
whether the prisoner’s participation in a re-socialisation programme can
be facilitated by the CEO.
(3) The CEO is to give
the Board a written report on the outcome of an assessment made under
subsection (2).
(4) If the Board
—
(a) has
received a report under subsection (3) advising that the CEO can facilitate
the prisoner’s participation in a re-socialisation programme; and
(b)
considers that the prisoner may be suitable for inclusion in a
re-socialisation programme,
then except as
provided in subsection (5A) the Board may request the CEO to give it a
detailed description of a re-socialisation programme in which the prisoner
should participate before being released, and the CEO must comply with that
request.
(5) If after —
(a)
receiving a re-socialisation programme from the CEO under subsection (4); and
(b)
considering the release considerations relating to the prisoner,
the Board endorses the
programme, with or without variations, then except as provided in subsections
(5A) and (5B) the Board may, in a report given under section 12A(2) or at any
other time, recommend to the Minister that the Governor should be advised to
approve of the programme as so endorsed and of the prisoner’s
participation in it.
(5A) At any time when
a direction under section 14C is in effect in relation to a prisoner —
(a) the
Board must not make a request under subsection (4) in relation to the
prisoner; and
(b) the
CEO must not comply with a request under subsection (4) in relation to the
prisoner; and
(c) the
Board must not, for the purposes of subsection (5), consider release
considerations, endorse a re-socialisation programme or make a recommendation
in relation to the prisoner.
(5B) The Board must
not endorse a re-socialisation programme or make a recommendation for the
purposes of subsection (5) in relation to a prisoner with links to terrorism
who is subject to a Commissioner of Police report unless the Board, having
regard to the report, is satisfied that the prisoner is suitable for inclusion
in the programme.
(6) If the Governor
approves of the re-socialisation programme and of the prisoner’s
participation in it, the Board is to provide it to the CEO as so approved.
(7) The CEO must give
a copy of the approved re-socialisation programme to the prisoner and
implement it as far as is reasonably practicable unless it is suspended or
cancelled in accordance with the regulations.
(8) A prisoner is not
to participate in a re-socialisation programme other than one approved by the
Governor and provided to the CEO under subsection (6).
(9) Nothing in this
section limits the power of —
(a) the
Board to recommend to the CEO any other programme in which the prisoner should
participate before being released; or
(b) the
CEO to implement any other programme before the prisoner is released.
[Section 13 inserted: No. 41 of 2006 s. 12;
amended: No. 45 of 2016 s. 9; No. 42 of 2018 s. 5; No. 14 of 2022 s. 9.]