Western Australia: Sentence Administration Act 2003 (WA)

Western Australia Sentence Administration Act 2003 Western Australia Sentence Administration Act 2003 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. This Act to be read with Sentencing Act 1995 1 4. Terms and abbreviations used 1 4A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies 1 Part 2 — General matters Division 1 — Preliminary 5. Terms used and calculations 1 5A. Release considerations about people in custody 1 5B. Community safety paramount 1 5C. Victim's submission to Board 1 5D. Term used: victim of an offender or prisoner 1 Division 2 — Matters affecting the service of terms 6. When a term begins 1 7. Order of service of fixed terms 1 8. Effect of not being in custody 1 9. Effect of time before an appeal 1 10. No release if prisoner in custody for another matter 1 Division 3 — Reports about prisoners 11. Report to Minister about the place of custody for a person in custody during Governor's pleasure 1 11A. Reports by CEO to Board about certain prisoners 1 12. Reports by Board to Minister about prisoners generally 1 12A. Reports by Board to Minister about Schedule 3 prisoners 1 12B. Combined reports may be given under sections 12 and 12A 1 Division 4 — Programmes for certain prisoners 12C. References to Board 1 13. Re‑socialisation programmes for Schedule 3 prisoners 1 14. Re‑socialisation programmes for certain other prisoners 1 14A. Regulations as to re‑socialisation programmes 1 Division 5 — Directions to suspend reporting 14B. Terms used 1 14C. Minister may direct suspension of reporting 1 14D. No review of direction to suspend reporting 1 Part 3 — Parole Division 1 — Preliminary 15. Terms used and calculations 1 Division 2 — Reports about certain people eligible for parole 17. Parole term, CEO to give Board report about prisoner on 1 Division 3 — Parole in case of parole term 19. Term used: prisoner 1 20. Board may parole prisoner 1 Division 4 — Parole in case of short term 22. Application of Division 1 23. Board may parole prisoner 1 Division 5 — Parole in case of life or indefinite imprisonment 25. Life imprisonment, Governor may parole prisoner 1 27. Indefinite imprisonment, Governor may parole prisoner 1 Division 5A — Releasing prisoners during the Governor's pleasure 27A. Operation of this Division 1 27B. Release may be by parole order 1 Division 6 — Parole orders 28. Parole order, nature of 1 29. Parole order, standard obligations 1 30. Additional requirements for parole order 1 31. CEO to ensure parolee is supervised during supervised period 1 Division 7 — Parole orders, general provisions 32. Parole order may relate to more than one term 1 33. Prisoner may refuse to be released on parole 1 34. Prisoner's acknowledgment or undertaking 1 35. Making parole order after refusal by prisoner 1 Division 8 — Amendment of parole orders 36. Amending before release 1 37. Amending during parole period 1 Division 9 — Suspension of parole orders 38. Suspension by CEO 1 39. Suspension by Board 1 40. Period of suspension 1 41. Suspension, effect on other parole orders 1 Division 10 — Cancellation of parole orders 43. Cancellation before release 1 44. Cancellation after release 1 46. Cancellation, effect on other parole orders 1 Division 11 — Miscellaneous 48. Parole ordered by Governor, Minister to be advised of amendment, suspension or cancellation 1 49. Resolution of doubtful cases 1 Part 4 — Re‑entry release orders 50. Certain prisoners may apply to Board for RRO 1 51. CEO to report to Board about RRO applicants 1 52. Board may make RRO 1 54. RRO, nature of 1 55. RRO, standard obligations 1 56. RRO, primary requirements 1 57. RRO, additional requirements 1 58. Prisoner's undertaking 1 59. CEO to ensure prisoner is supervised during RRO 1 61. Suspension of RRO by Board or CEO 1 63. Cancellation of RRO by Board 1 Part 5 — Provisions applying to early release orders Division 1 — General 65. Period of early release order counts as time served 1 66. Prisoner under sentence until discharged 1 Division 1A — Homicide offence or homicide related offence 66A. Terms used 1 66B. Board not to release or recommend release unless prisoner cooperates or victim's remains located 1 66C. Commissioner of Police report 1 Division 1B — Prisoners with links to terrorism or subject to Commissioner of Police reports Subdivision 1 — Preliminary 66D. Terms used 1 Subdivision 2 — Early release orders in cases of prisoners with links to terrorism 66E. References to Board 1 66F. Additional release considerations 1 66G. Making early release orders 1 66H. Commissioner of Police reports 1 66I. Withdrawing Commissioner of Police reports 1 Subdivision 3 — Early release orders for other prisoners subject to Commissioner of Police reports 66J. Term used: prisoner 1 66K. Releasing prisoners subject to Commissioner of Police report on parole 1 66L. Making parole order in respect of prisoner subject to Commissioner of Police report 1 66M. Making RRO in respect of prisoners subject to Commissioner of Police report 1 Division 2 — Automatic cancellation 67A. Cancellation automatic in case of prisoner with links to terrorism 1 67. Cancellation automatic if prisoner imprisoned for offence committed on early release order 1 Division 3 — Consequences of suspension and cancellation 68. Suspension, effect of 1 69. Cancellation, effect of 1 70. Returning prisoner to custody 1 71. Clean street time counts as time served 1 Division 4 — Re‑release after cancellation 72. Re‑release after cancellation of order made by Board 1 73. Re‑release after cancellation of parole order made by Governor 1 74. Parole period under new parole order deemed to be time served 1 Part 5A — Post‑sentence supervision of certain offenders 74A. Terms used 1 74B. PSSO considerations 1 74C. Reports by CEO to Board about prisoners 1 74D. Board may make PSSO 1 74E. Nature of PSSO 1 74F. Standard obligations of PSSO 1 74G. Additional requirements of PSSO 1 74H. CEO to ensure person subject to PSSO is supervised 1 74I. Amendment of PSSO 1 74J. Cancellation of PSSO 1 74K. Subsequent PSSO after cancellation for committing offence 1 74L. Offence for breach of PSSO 1 Part 6 — Provisions applying to offenders on community corrections orders 75. Terms used 1 76. Offender's obligations 1 77. Consequences of contravening s. 76 obligations 1 78. CEO may suspend requirements in case of illness etc. 1 79. Community service requirement, offender may be directed to do activities 1 80. Programme requirement, CEO may give offender additional directions 1 81. Compensation for injury to offenders 1 82. Regulations 1 Part 7 — Community corrections centres Division 1 — Preliminary 83. Terms used 1 84. Community corrections centres, declaration of 1 85. Community corrections activities, approval of 1 Division 2 — Management 86. Instructions about management etc., issue of etc. 1 87. Managers of centres, functions of etc. 1 88. Functions of CCOs at centres 1 89. Access to centres 1 90. Searches 1 91. Seizure 1 Division 3 — Miscellaneous 92. Department to report on centres 1 93. Regulations 1 Part 8 — Staff Division 1 — Chief executive officer 94. Functions 1 95. Delegation by CEO 1 96. CEO may confer functions of CCO on person 1 97. CEO to make information available to Board 1 97A. Disclosing information about offender for community safety 1 97B. Disclosing and requesting information 1 97C. Disclosing information to agencies outside WA 1 97D. Disclosing information to victims 1 97DA. Disclosing electronic monitoring information 1 97E. Disclosure under s. 97A, 97B, 97C, 97D and 97DA not subject to other laws and effect of disclosure 1 Division 2 — Other staff 98. Appointment 1 98A. Duties of CCOs 1 99. Volunteers 1 Division 3 — Miscellaneous 100. Compensation for injury to volunteers etc. 1 101. Assistance by police officers 1 Part 9 — Prisoners Review Board 102. Board established 1 103. Membership 1 104. Training of members 1 104A. Registrar and other staff 1 105. Tenure, meetings etc. (Sch. 1) 1 106. Functions 1 107. Board to have powers of Royal Commission 1 107A. Board may use experts etc. 1 107B. Notification of Board's decisions 1 107C. Publication of Board's decisions 1 108. Orders by Board 1 109. Board may require person to appear before it 1 110. Issue of warrants by Board 1 111. Judicial notice of appointment and signature 1 112. Annual report to Minister 1 112A. Information to be excluded from annual reports 1 113. Special reports to Minister 1 Part 10 — Miscellaneous 114. Reasons for decision may be withheld 1 115. Rules of natural justice excluded 1 115A. Board may review decisions about release 1 115B. Decisions made by Board as constituted by chairperson alone may be reconsidered 1 116. Arrest warrant may be issued if warrant of commitment in force 1 117. Issue and execution of warrants 1 118. Offences relating to monitoring equipment 1 118A. Evidentiary provision for electronic monitoring offences 1 119. Information, disclosure and use of by departmental staff etc. 1 119A. Protection of Commissioner of Police reports that may be withdrawn 1 119B. Protection of Commissioner of Police reports containing terrorist intelligence information 1 119C. Protection of terrorist intelligence information in legal proceedings 1 120. Protection from personal liability for torts 1 120A. Delegation by Commissioner of Police 1 121. Regulations 1 122. Review of Act 1 Part 11 — Transitional and validation provisions Division 1 — Provisions for the Sentencing Legislation Amendment Act 2016 Part 2 123. Terms used 1 124. Reports during the transitional period: pre‑1996 prisoners 1 125. Participation in re‑socialisation programmes: pre‑1996 prisoners 1 126. Release on parole: pre‑1996 prisoners 1 127. Validation of parole orders: pre‑1996 prisoner 1 128. Inconsistency with former transitional provisions 1 Division 2 — Provisions for the Sentencing Legislation Amendment Act 2016 Part 3 Division 2 129. Continued application of former Part 3 Division 4 1 Division 3 — Provisions for the Family Violence Legislation Reform Act 2024 130. Term used: commencement day 1 131. Particular reports given under s. 12 or 12A may be amended or supplemented 1 132. Particular reports given under s. 17 may be amended or supplemented 1 133. Particular reports given under s. 51 may be amended or supplemented 1 134. Particular reports given under s. 74C may be amended or supplemented 1 135. Application of s. 57 to applications for re‑entry release orders 1 Schedule 1 — Provisions applying to the Prisoners Review Board 1. Term used: member 1 2. Term etc. of office 1 3. Resignation 1 4. Terminating appointments 1 5. Meetings 1 6. Conditions of service 1 7. Leave of absence 1 Schedule 2 — Serious offences Schedule 3 — Reports and re‑socialisation programmes for certain prisoners Division 1 — Current sentence types Division 2 — Former sentence types Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Sentence Administration Act 2003 An Act to provide for the administration of sentences and other orders imposed on offenders. Part 1 — Preliminary 1. Short title This Act may be cited as the Sentence Administration Act 2003. 2. Commencement (1) Subject to subsection (3) and to section 2(3) of the Sentencing Legislation Amendment and Repeal Act 2003 this Act comes into operation on a day fixed by proclamation. (2) Different days may be fixed under subsection (1) for different provisions. (3) No part of this Act shall be proclaimed to come into operation within 6 months of Part 5 of the Sentencing Legislation Amendment and Repeal Act 2003 coming into operation. 3. This Act to be read with Sentencing Act 1995 This Act is to be read with the Sentencing Act 1995. 4. Terms and abbreviations used (1) If not defined in this Act words and expressions in this Act have the same definitions as in the Sentencing Act 1995 and in particular, in Part 13 of that Act. (2) In this Act, unless the contrary intention appears — approved electronic monitoring device means — (a) an electronic monitoring device that has been approved by the CEO; and (b) any equipment, wires or other items associated with a device under paragraph (a); Board means the Prisoners Review Board; category 1 prisoner means — (a) a prisoner who — (i) has been charged with, or convicted of, a terrorism offence; or (ii) is subject to an interim control order or a confirmed control order; or (b) a prisoner who has been subject to an interim control order or a confirmed control order at any time during — (i) the period of the prisoner's sentence (the current sentence); or (ii) the period of 10 years ending on the day on which the prisoner's current sentence begins or is taken to have begun; or (c) a prisoner for whom an interim control order is being sought under the Commonwealth Criminal Code section 104.3; category 2 prisoner means a prisoner who has been charged with, or convicted of, an offence against the Commonwealth Criminal Code section 80.2C(1); CEO means the chief executive officer of the Public Sector agency principally assisting the Minister administering Part 8 in its administration; chairperson means the person appointed under section 103(1)(a); Commissioner of Police report means a written report referred to in section 66H(1) or (4); Commonwealth Criminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 (Commonwealth); community has a meaning affected by subsection (4); community corrections activities are activities approved as such under section 85; community corrections centre means a place declared to be a community corrections centre under section 84; community corrections officer means a person appointed as a community corrections officer under section 98 and includes an honorary CCO; community order means a community based order or an intensive supervision order imposed under the Sentencing Act 1995; conditional suspended imprisonment means conditional suspended imprisonment imposed under Part 12 Division 1 of the Sentencing Act 1995; confirmed control order has the meaning given in the Commonwealth Criminal Code section 100.1(1); departmental staff means the people appointed or engaged under section 98 and the people authorised to work as unpaid volunteers under section 99; designated family relationship means a relationship between 2 persons — (a) who are, or were, married to each other; or (b) who are, or were, in a de facto relationship with each other; or (c) who have, or had, an intimate personal relationship with each other; or (d) one of whom is a child who — (i) ordinarily resides, or resided, with the other person; or (ii) regularly resides or stays, or resided or stayed, with the other person; or (e) one of whom is, or was, a child of whom the other person is a guardian; early release order means — (a) a parole order; or (b) a re‑entry release order; family violence offence (category A) means an offence where the offender and the victim are in a designated family relationship with each other at the time of the commission of the offence and the offence is an offence against The Criminal Code section 221BD, 279, 280, 281, 283, 292, 293, 294, 297, 298, 300, 301, 304, 313, 317, 317A, 323, 324, 325, 326, 328, 332, 333, 338A, 338B, 338C, 338E or 444; family violence offence (category B) means an offence where the offender and the victim are in a designated family relationship with each other at the time of the commission of the offence and the offence is — (a) an offence against the Restraining Orders Act 1997 section 61(1) or (1A); or (b) an offence against The Criminal Code section 221BD, 279, 280, 281, 283, 292, 293, 294, 297, 298, 300, 301, 304, 313, 317, 317A, 323, 324, 325, 326, 328, 332, 333, 338A, 338B, 338C, 338E or 444; family violence restraining order has the meaning given in the Restraining Orders Act 1997 section 3(1); Governor's pleasure detainee means — (a) a person in, or regarded as being in, strict or safe custody by virtue of an order made under the repealed section 282 of The Criminal Code; or (b) a person subject to a sentence of detention imposed under section 279(5)(b) of The Criminal Code; or (c) a person subject to a direction or sentence under repealed section 661 or 662 of The Criminal Code; honorary CCO means a person appointed as a community corrections officer under section 98(1)(b); interim control order has the meaning given in the Commonwealth Criminal Code section 100.1(1); parole order means an order made under Part 3 that a prisoner be released on parole and includes a parole order made for the purposes of section 72 or 73; parole order (unsupervised) means a parole order that specifies that it is unsupervised; post‑sentence supervision order means a post‑sentence supervision order made under Part 5A; prisoner means — (a) a person sentenced to a fixed term, whether a parole term or not; or (b) a person sentenced to life imprisonment; or (c) a person sentenced to indefinite imprisonment; or (d) a Governor's pleasure detainee; prisoner with links to terrorism means — (a) a category 1 prisoner; or (b) a category 2 prisoner who is subject to a Commissioner of Police report; or (c) a prisoner who — (i) is subject to a Commissioner of Police report; and (ii) the Board as constituted by the chairperson alone is satisfied, having regard to the report, has made statements or carried out activities that support, or advocate support for, terrorist acts; re‑entry release order means a re‑entry release order made under Part 4 and includes a re‑entry release order made for the purposes of section 72; release means release from custody; release considerations relating to a prisoner, has the meaning given to that term by section 5A; re‑socialisation programme means a programme of a prescribed kind that can be provided under the Prisons Act 1981 to address the following factors insofar as they are relevant to equipping a particular prisoner for re‑entry into the general community — (a) education; (b) employment; (c) drug and alcohol use; (d) mental and physical health; (e) attitudes and social control; (f) institutionalisation and life skills; (g) housing; (h) financial support and debt; (i) family and community networks; (j) any other prescribed factor; Schedule 3 prisoner means a person described in Schedule 3 column 2; sentence includes order; serial family violence offender means a person who is a serial family violence offender under the Sentencing Act 1995 section 124E; serious offence means an offence of the kind set out in Schedule 2, other than such of those offences as have been prescribed by the regulations as not to be a serious offence; supervised offender has the meaning given in section 74E(1); terrorism offence means — (a) an offence against the Commonwealth Criminal Code Division 72 Subdivision A; or (b) an offence against the Commonwealth Criminal Code Division 80 Subdivision B; or (c) an offence against the Commonwealth Criminal Code Part 5.3, other than an offence against section 104.22, 104.27, 104.27A, 105.41 or 105.45; or (d) an offence against the Commonwealth Criminal Code Part 5.5; or (e) an offence against the following provisions of the Charter of the United Nations Act 1945 (Commonwealth) — (i) Part 4; (ii) Part 5, to the extent that it relates to the Charter of the United Nations (Sanctions—Al‑Qaida) Regulations 2008 (Commonwealth); or (f) an offence against the Crimes (Foreign Incursions and Recruitment) Act 1978 (Commonwealth) (repealed); or (g) an offence against the Crimes (Internationally Protected Persons) Act 1976 (Commonwealth) section 8; or (h) an offence under a written law or a law of the Commonwealth, another State, a Territory or another country, that substantially corresponds to an offence referred to in paragraph (a), (b), (c), (d), (e) or (g); or (i) an offence of attempting, inciting or conspiring to commit an offence referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (h); terrorist act has the meaning given in the Terrorism (Commonwealth Powers) Act 2002 section 3; terrorist intelligence information means information relating to a prohibited act or suspected prohibited act, the disclosure of which could reasonably be expected to — (a) prejudice national security; or (b) endanger a person's life or physical safety; or (c) threaten significant damage to infrastructure or property; or (d) prejudice a criminal investigation; or (e) reveal intelligence gathering methodologies, investigative techniques or technologies or covert practices; or (f) enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement; victim of an offender or prisoner has the meaning given in section 5D; victim's submission has the meaning given to that term by section 5C(1); work and development order means a work and development order made under Part 4 of the Fines, Penalties and Infringement Notices Enforcement Act 1994. (2A) For the purposes of the definition of designated family relationship in subsection (2), an intimate personal relationship exists between 2 persons (including persons of the same sex) if — (a) the persons are engaged to be married to each other, including a betrothal under cultural or religious tradition; or (b) the persons date each other, or have a romantic involvement with each other, whether or not a sexual relationship is involved. (2B) In deciding whether an intimate personal relationship exists under subsection (2A)(b), the following may be taken into account — (a) the circumstances of the relationship, including, for example, the level of trust and commitment; (b) the length of time the relationship has existed; (c) the frequency of contact between the persons; (d) the level of intimacy between the persons. (2C) For the purposes of the definition of terrorist intelligence information, a prohibited act is — (a) a terrorism offence; or (b) an offence against the Commonwealth Criminal Code section 80.2C(1); or (c) a terrorist act (whether in this State or elsewhere). (3) In this Act these abbreviations are used — CCO for community corrections officer; CSI for conditional suspended imprisonment; PSSO for post‑sentence supervision order; RRO for re‑entry release order; WDO for work and development order. (4) A reference in this Act to the community includes any community and is not limited to the community of Western Australia or Australia. [Section 4 amended: No. 27 of 2004 s. 10; No. 41 of 2006 s. 4; No. 65 of 2006 s. 37; No. 29 of 2008 s. 39(2); No. 45 of 2016 s. 4 and 22; No. 49 of 2016 s. 107; No. 13 of 2020 s. 15; No. 29 of 2020 s. 104; No. 30 of 2020 s. 33; No. 14 of 2022 s. 4; No. 28 of 2024 s. 50.] [Section 4. Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009. See endnote 1M.] 4A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act. [Section 4A inserted: No. 34 of 2020 s. 61.] Part 2 — General matters [Heading amended: No. 41 of 2006 s. 5.] Division 1 — Preliminary 5. Terms used and calculations In this Part words and expressions have the same definitions, and calculations are to be made in the same way, as in Part 13 of the Sentencing Act 1995. 5A. Release considerations about people in custody In this Act a reference to the release considerations relating to a prisoner is a reference to these considerations — (a) the degree of risk (having regard to any likelihood of the prisoner committing an offence when subject to an early release order and the likely nature and seriousness of any such offence) that the release of the prisoner would appear to present to the personal safety of people in the community or of any individual in the community; (b) the circumstances of the commission of, and the seriousness of, an offence for which the prisoner is in custody; (c) any remarks by a court that has sentenced the prisoner to imprisonment that are relevant to any of the matters mentioned in paragraph (a) or (b); (d) issues for any victim of the prisoner if the prisoner is released, including any matter raised in a victim's submission; (e) the behaviour of the prisoner when in custody insofar as it may be relevant to determining how the prisoner is likely to behave if released; (f) whether the prisoner has participated in programmes available to the prisoner when in custody, and if not the reasons for not doing so; (g) the prisoner's performance when participating in a programme mentioned in paragraph (f); (h) the behaviour of the prisoner when subject to any release order made previously; (i) the likelihood of the prisoner committing an offence when subject to an early release order; (j) the likelihood of the prisoner complying with the standard obligations and any additional requirements of any early release order; (k) any other consideration that is or may be relevant to whether the prisoner should be released. [Section 5A inserted: No. 41 of 2006 s. 6; amended: No. 49 of 2016 s. 108.] 5B. Community safety paramount The Board or any other person performing functions under this Act must regard the safety of the community as the paramount consideration. [Section 5B inserted: No. 41 of 2006 s. 6.] 5C. Victim's submission to Board (1) A victim's submission is a written submission by a victim of an offender who is in custody that does either or both of the following — (a) states the victim's opinion of the effect the release of the prisoner would have on the victim; (b) makes suggestions about the conditions that should apply to the prisoner if released. (2) If a victim is personally incapable of making a victim's submission due to age, disability or infirmity, a person may make a victim's submission on the victim's behalf. (3) The Board and the CEO are to establish procedures for the making of victims' submissions and their receipt by or transmission to the Board. (4) In performing its functions, the Board is to have regard to any victim's submission received by or transmitted to it in accordance with the procedures and is to give the submission such weight as it sees fit. (5) The Board must not — (a) give a victim's submission, or a copy of a victim's submission, to the prisoner or to any person acting for or on behalf of, or representing, the prisoner; or (b) allow the prisoner or any person acting for or on behalf of, or representing, the prisoner to view a victim's submission. [Section 5C inserted: No. 41 of 2006 s. 6; amended: No. 49 of 2016 s. 109.] 5D. Term used: victim of an offender or prisoner (1) In this Act — victim of an offender or prisoner means — (a) a person who has suffered injury, loss or damage as a direct result of an offence committed by the offender or prisoner, whether or not that injury, loss or damage was reasonably foreseeable by the offender or prisoner; or (b) where an offence committed by the offender or prisoner resulted in a death, any member of the immediate family of the deceased; or (c) a person protected by a family violence restraining order under the Restraining Orders Act 1997 to which the offender or prisoner is a respondent; or (d) a person who can demonstrate, to the satisfaction of the CEO that — (i) the person is the victim of a violent personal offence previously committed by the offender or prisoner; and (ii) the violent personal offence occurred in the context of a family relationship, as defined in the Restraining Orders Act 1997 section 4, with the offender or prisoner. violent personal offence means — (a) an offence specified in the Restraining Orders Act 1997 section 63(4AA)(a); or (b) a violent personal offence as defined in the Restraining Orders Act 1997 section 63A(1A). (2) For the purposes of subsection (1) in the definition of victim paragraph (c) or (d), it is irrelevant that the family violence restraining order or the previous violent personal offence, as the case requires, is unrelated to the offence referred to in paragraph (a) or (b) of that definition. [Section 5D inserted: No. 49 of 2016 s. 110.] Division 2 — Matters affecting the service of terms 6. When a term begins (1) Unless this section provides otherwise or an order is made under section 87(1)(d) or 88(3) of the Sentencing Act 1995, a term, other than indefinite imprisonment, begins on the day it is imposed, or if the prisoner is not then in custody, on the day he or she is arrested under a warrant issued in respect of the sentence. (2) If a term is cumulative on one or more other terms then that term begins on the earliest date on which the prisoner could be released in relation to the last to be served of those other terms, whether or not the release would otherwise be under — (a) a parole order; or (b) a recognizance release order, or a parole order, made under the Crimes Act 1914 of the Commonwealth. [Section 6 amended: No. 14 of 2022 s. 5.] 7. Order of service of fixed terms (1) In this section — fixed term includes — (a) a period of imprisonment ordered under section 58, 59 or 119A of the Sentencing Act 1995; and (b) a period of imprisonment specified in a warrant of commitment issued under the Fines, Penalties and Infringement Notices Enforcement Act 1994; non‑parole period, in relation to a parole term, means the period that under section 93(1) of the Sentencing Act 1995 the prisoner has to serve before he or she is eligible to be released on parole. (2) A prisoner who has to serve 2 or more fixed terms is to serve those terms in this order — (a) firstly, those that are not parole terms are to be served according to whether they are concurrent, partly concurrent or cumulative with one another; (b) secondly, subject to sections 94 and 95A of the Sentencing Act 1995 and subsection (3), the non‑parole periods of those that are parole terms are to be served according to whether those parole terms are concurrent, partly concurrent or cumulative with one another; (c) thirdly, subject to sections 94 and 95A of the Sentencing Act 1995 and subsection (3), unless and until released on parole, the balance of any parole terms after the end of any non‑parole periods are to be served — (i) cumulatively if the terms are cumulative; (ii) concurrently if the terms are concurrent or partly concurrent. (3) If after the commencement of Part 2 Division 4 of the Sentencing Legislation Amendment and Repeal Act 2003 1 a prisoner who is serving, or has yet to serve, a parole term imposed before the commencement of that Division is sentenced to serve another parole term, then — (a) the non‑parole periods of the terms are to be served according to whether the parole terms are concurrent, partly concurrent or cumulative with one another; and (b) the balance of the parole terms after the end of any non‑parole periods are to be served concurrently irrespective of whether the parole terms are concurrent, partly concurrent or cumulative with one another. (4) If while serving a fixed term a prisoner is sentenced to serve another fixed term, other than a fixed term ordered to be served partly concurrently with another term, service of the former is suspended if necessary so that the terms can then be served in the order required by subsection (2). [Section 7 amended: No. 41 of 2006 s. 7; No. 3 of 2008 s. 22; No. 6 of 2014 s. 8.] 8. Effect of not being in custody (1) A term does not elapse while a prisoner is at large, having escaped lawful custody while serving it. (2) A prisoner who is returned to lawful custody after having escaped from it while serving a fixed term, must serve — (a) the part of the term he or she had yet to serve at the time of escaping; plus (b) one‑third of the lesser of — (i) the period during which he or she was absent from lawful custody; or (ii) the period beginning on the date of escape and ending on the date when, but for the escape, the fixed term would have ended, in addition to any term imposed for escaping lawful custody. (3) A term does not elapse while a prisoner is not in lawful custody unless this Act or another written law provides otherwise. 9. Effect of time before an appeal (1) Any period that a prisoner spends on bail while he or she is appealing against a conviction or a sentence does not count as time served in respect of any term that the prisoner is liable to serve. (2) Any period that a prisoner spends in custody while he or she is appealing against a conviction or a sentence counts as time served in respect of any term that he or she is then serving, but not in respect of any other term that he or she is liable to serve. 10. No release if prisoner in custody for another matter Despite this Act and the Sentencing Act 1995, a prisoner must not be released (whether under an early release order or otherwise) in respect of a term if at the time the release could be ordered he or she is by law required to be kept in custody in respect of another matter. Division 3 — Reports about prisoners [Heading amended: No. 41 of 2006 s. 8.] 11. Report to Minister about the place of custody for a person in custody during Governor's pleasure (1) At any time the Minister, in writing, may request the CEO to provide a report of the kind mentioned in subsection (2). (2) Whenever the CEO gets a written request to do so from the Minister, or whenever the CEO thinks there are special circumstances which justify doing so, the CEO must give the Minister a written report on the place or places where a Governor's pleasure detainee is or should be detained in safe custody. [Section 11 amended: No. 41 of 2006 s. 9; No. 29 of 2008 s. 39(3) and (4); No. 45 of 2016 s. 5.] 11A. Reports by CEO to Board about certain prisoners (1) In this section — prisoner does not include a prisoner sentenced to a fixed term of less than the length prescribed for the purposes of this section. (2) At any time the Board may request the CEO to give the Board a written report about a prisoner (a prisoner management report). (3) A request — (a) must be in writing; and (b) must specify the prisoner concerned; and (c) must specify the matters to be dealt with in a prisoner management report; and (d) may request the CEO to give a prisoner management report on more than one occasion, as specified in the request; and (e) may request the CEO to give a prisoner management report — (i) at a time specified or referred to in the request; or (ii) at more than one time specified or referred to in the request. (4) Without limiting subsection (3)(e), the time at which a prisoner management report is to be given may be fixed by reference to a time when the Board will review the prisoner's circumstances. (5) The Board may give the CEO written directions in general terms about giving the Board prisoner management reports. (6) Matters about which the Board can give the CEO directions include — (a) which prisoners the CEO is to give prisoner management reports about; and (b) what prisoner management reports are to deal with; and (c) when prisoner management reports are to be given. (7) The Board may at any time give the CEO a written notice amending or cancelling a request or direction given under this section. (8) On receiving a request or direction given under this section the CEO must comply with it so far as is reasonably practicable. [Section 11A inserted: No. 41 of 2006 s. 10.] 12. Reports by Board to Minister about prisoners generally (1) At any time the Minister, in writing, may request the Board to report about a prisoner. (2) The Board must give the Minister a written report about a prisoner — (a) whenever it gets a written request to do so from the Minister; and (b) whenever it considers it necessary to do so. (3) A report given under subsection (2) must deal with the release considerations relating to the prisoner. (4) Subject to sections 66B(1) and 66G(1), a report — (a) must, if given under subsection (2)(a); and (b) may, if given under subsection (2)(b), 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. (5) If a report given under subsection (2) about a prisoner recommends that the prisoner be released, the report must, in addition to addressing the matters required by subsections (3) and (4), report — (a) on the nature and circumstances of the offence, or offences, that gave rise to the prisoner being in custody; and (b) if parole is recommended — (i) on the period for which the prisoner should be on parole; and (ii) on the additional requirements (if any) to which the prisoner should be subject while on parole, and may address any other matters the Board thinks fit. [Section 12 inserted: No. 41 of 2006 s. 11; amended: No. 29 of 2008 s. 39(5); No. 45 of 2016 s. 6; No. 2 of 2018 s. 4; No. 14 of 2022 s. 6.] 12A. Reports by Board to Minister about Schedule 3 prisoners (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.] 12B. Combined reports may be given under sections 12 and 12A (1) The Board may combine the following reports to form one report (a combined report) — (a) a report that is to be given about a prisoner under section 12 (the first report) and a report that is due to be given about the same prisoner under section 12A within 3 months of the first report; or (b) a report that is due to be given about a prisoner under section 12A at a time provided in one item of Schedule 3 (the first report) and another report, or reports, due to be given about the same prisoner under section 12A at a time, or times, provided in another item, or items, of Schedule 3 that is, or are, within 3 years of the first report. (2) A combined report given in the circumstances described in — (a) subsection (1)(a) is to be taken to have been given under section 12 and under section 12A; (b) subsection (1)(b), and that specifies each item of Schedule 3 in respect of which a report about the prisoner is being combined, is to be taken to satisfy the requirements of section 12A for a report about that prisoner at the time provided under each of those items. (3) A report under section 12A referred to in subsection (1)(a) may be a combined report given in the circumstances described in subsection (1)(b). [Section 12B inserted: No. 45 of 2016 s. 8.] Division 4 — Programmes for certain prisoners [Heading inserted: No. 41 of 2006 s. 12.] 12C. References to Board In this Division, a reference to the Board, in relation to a prisoner with links to terrorism who is being assessed for inclusion in a re‑socialisation programme under section 13 or 14, is a reference to the Board as constituted by the chairperson alone. [Section 12C inserted: No. 14 of 2022 s. 8.] 13. Re‑socialisation programmes for Schedule 3 prisoners (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.] 14. Re‑socialisation programmes for certain other prisoners (1) In this section — prisoner does not include — (a) a prisoner sentenced to a fixed term of less than the length prescribed for the purposes of section 11A; or (b) a Schedule 3 prisoner. (2) Without limiting section 11A, the Board may at any time request the CEO to assess, at a prescribed time in the sentence of a prisoner — (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, 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 approves of the programme, with or without variations, and of the prisoner's participation in it, except as provided in subsection (5A), the Board is to provide it to the CEO as so approved. (5A) The Board must not approve a programme 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) 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. (7) 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 14 inserted: No. 41 of 2006 s. 12; amended: No. 45 of 2016 s. 10; No. 14 of 2022 s. 10.] 14A. Regulations as to re‑socialisation programmes Regulations may deal with — (a) the procedures set out in sections 13 and 14; and (b) the nature and content of re‑socialisation programmes and their implementation, suspension, cancellation and reinstatement. [Section 14A inserted: No. 41 of 2006 s. 12.] Division 5 — Directions to suspend reporting [Heading inserted: No. 42 of 2018 s. 6.] 14B. Terms used In this Division — designated prisoner means a Schedule 3 prisoner who is serving a sentence for a relevant offence (the first relevant offence) and who — (a) has been convicted of 2 or more other relevant offences which were committed at any time; or (b) has been convicted of another relevant offence which was committed on a different day than the first relevant offence; relevant offence means — (a) murder; or (b) an offence under the law of the Commonwealth, of another State, of a Territory, or of any place outside Australia, which is constituted by conduct that is substantially the same as the conduct constituting murder; relevant report means a report given by the Board to the Minister under — (a) section 12A(2); or (b) the Offenders Community Corrections Act 1963 section 34(2)(c) or (d) as continued in operation by the Sentencing (Consequential Provisions) Act 1995 Part 56 Division 2. [Section 14B inserted: No. 42 of 2018 s. 6.] 14C. Minister may direct suspension of reporting (1) At any time after the Minister has received a relevant report about a designated prisoner the Minister may direct that the operation of sections 12A(2) and 13(4) and (5) in relation to that designated prisoner be suspended. (2) A direction under subsection (1) must — (a) be in writing; and (b) specify a day on which the direction takes effect, which must not be earlier than the day the direction is made; and (c) specify a day on which the direction ceases to have effect, which must not be later than 6 years after the day specified under paragraph (b). (3) The Minister must give copies of a direction under subsection (1) to the Board, the CEO and the designated prisoner. (4) The Minister may not make a direction under subsection (1) while a previous direction in relation to the same designated prisoner remains in effect, unless the previous direction is to cease to have effect within 3 months of the Minister's direction. (5) There is no limit to the number of directions the Minister may make under subsection (1) in relation to a designated prisoner. (6) A direction under subsection (1) does not prevent the Board from giving reports under section 12 in relation to the designated prisoner. [Section 14C inserted: No. 42 of 2018 s. 6.] 14D. No review of direction to suspend reporting (1) A direction under section 14C — (a) must not be challenged, appealed against, reviewed, quashed or called into question in any court; and (b) is not subject to review or remedy by way of prohibition, mandamus, injunction, declaration or certiorari, or a remedy having the same effect as a remedy that could be provided by means of such a writ, in any court on any account. (2) Subsection (1) does not exclude or limit judicial review for jurisdictional error. [Section 14D inserted: No. 42 of 2018 s. 6.] Part 3 — Parole Division 1 — Preliminary 15. Terms used and calculations In this Part, unless the contrary intention appears, words and expressions have the same definitions, and calculations are to be made in the same way, as in Part 13 of the Sentencing Act 1995. [Section 15 inserted: No. 41 of 2006 s. 13.] [16. Deleted: No. 41 of 2006 s. 14.] Division 2 — Reports about certain people eligible for parole 17. Parole term, CEO to give Board report about prisoner on (1) In the case of a prisoner serving a parole term the CEO must give the Board a written report that deals with the release considerations relating to the prisoner. (2) The report must be given to the Board a reasonable period of time before the date when the prisoner concerned is eligible to be released on parole under section 93(1) of the Sentencing Act 1995. (3) The CEO's duty under this section in respect of a prisoner is in addition to any duty under section 11A in respect of the prisoner unless the Board, having received a prisoner management report under section 11A in respect of the prisoner, directs the CEO not to comply with this section. [Section 17 amended: No. 41 of 2006 s. 15.] [18. Deleted: No. 41 of 2006 s. 16.] Division 3 — Parole in case of parole term 19. Term used: prisoner In this Division — prisoner means a prisoner serving a parole term. 20. Board may parole prisoner (1) Before the day when, under section 93(1) of the Sentencing Act 1995, a prisoner is eligible to be released on parole, the Board must consider whether the prisoner should be released on parole. (2) If the Board, having regard to — (aa) the requirements of sections 66B(1) and 66G(1); and (a) the release considerations relating to a prisoner; and (b) any report made by the CEO under section 17; and (c) any other information about the prisoner brought to its attention, decides that it is appropriate to release the prisoner on parole, it must make a parole order in respect of the prisoner. (3) The release date in the order is that set by the Board, but it must not be earlier than the day when, under section 93(1) of the Sentencing Act 1995, the prisoner is eligible to be released on parole. (4) The parole period in the order is the period that begins on the day when the prisoner is released and ends when the parole term ends. (5) If the Board decides it is not appropriate to release a prisoner on parole, it is not precluded from subsequently reconsidering whether the prisoner should be released on parole. [Section 20 amended: No. 41 of 2006 s. 17; No. 2 of 2018 s. 6; No. 14 of 2022 s. 11.] [21. Deleted: No. 41 of 2006 s. 18.] Division 4 — Parole in case of short term 22. Application of Division (1) This Division applies to a prisoner if and only if — (a) the prisoner is serving one term and that term is less than 6 months and is not a prescribed term or a term in respect of which a parole eligibility order has been made; or (b) the aggregate of terms the prisoner is serving or is yet to serve is less than 6 months and neither or none of them is a prescribed term or a term in respect of which a parole eligibility order has been made. (2) If subsection (1)(b) applies, a reference in this Part or Part 5, or in section 85 of the Sentencing Act 1995, to the term of the prisoner is taken as being a reference to the aggregate of terms. [Section 22 amended: No. 41 of 2006 s. 19; No. 45 of 2016 s. 23.] 23. Board may parole prisoner (1) In this section — prescribed prisoner means a prisoner who — (a) is serving a term for a serious offence; or (b) was released, whether on parole or otherwise, from serving a term for a serious offence on a date in the 5 years preceding the commencement of the term that the prisoner is serving; or (c) was subject to an early release order that was made under this Act or the Sentence Administration Act 1995 2 and that was cancelled under this Act or that Act on a date in the 2 years preceding the commencement of the term that the prisoner is serving. (2) A prisoner is eligible to be released on parole — (a) if he or she is serving a term for a prescribed offence, when he or she has served the greater of — (i) the mandatory minimum sentence applicable to the offence; or (ii) one‑half of his or her term; or (b) if he or she is serving a term for 2 or more prescribed offences, when he or she has served the greater of — (i) the aggregate of the mandatory minimum sentences applicable to each of those prescribed offences; or (ii) one‑half of his or her term; or (c) in any other case, when he or she has served one‑half of his or her term. (2a) In making a decision under this section in respect of a prisoner, the Board must have regard to — (aa) the requirements of sections 66B(1) and 66G(1); and (a) the release considerations relating to the prisoner; and (b) any report made by the CEO under section 17; and (c) any other information about the prisoner brought to its attention. (3) Subject to sections 10, 66B(1) and 66G(1), the Board — (a) may, in the case of a prescribed prisoner; and (b) must, in any other case, make a parole order in respect of the prisoner. (4) In the case of a parole order made under subsection (3)(a), the release date in the order is that set by the Board, but it must not be earlier than the day when, under subsection (2), the prisoner is eligible to be released on parole. (5) In the case of a parole order made under subsection (3)(b), the release date is to be the day when, under subsection (2), the prisoner is eligible to be released on parole. (5a) Despite subsection (5), the Board may defer the release date of a parole order by up to 7 days if transport arrangements cannot be made for the prisoner on the day when the prisoner is eligible for release. (5b) Despite subsection (5), the Board does not have to make a parole order under subsection (3)(b) while the prisoner is required to be kept in custody in respect of another matter. (6) The parole period in a parole order made under subsection (3) is the period that begins on the day when the prisoner is released and ends when the term ends. (7) A parole order made under subsection (3) must specify whether it is supervised or unsupervised. [(8) deleted] (9) The following provisions do not apply to a parole order (unsupervised) — (a) section 28(1)(b); (b) section 29; (c) section 30; (d) section 31; (e) section 37; (f) Division 9. (10) If the Board decides it is not appropriate to release a prisoner under subsection (3)(a), the Board is not precluded from subsequently reconsidering whether the prisoner should be released on parole. [Section 23 amended: No. 41 of 2006 s. 20; No. 6 of 2014 s. 9; No. 2 of 2018 s. 7; No. 14 of 2022 s. 12.] [24. Deleted: No. 45 of 2016 s. 24.] Division 5 — Parole in case of life or indefinite imprisonment [Heading amended: No. 29 of 2008 s. 39(7).] 25. Life imprisonment, Governor may parole prisoner (1) In this section — prisoner means any of the following prisoners — (a) a prisoner serving life imprisonment for murder where — (i) a minimum period has been set under section 90(1)(a) of the Sentencing Act 1995 and the prisoner has served that minimum period; or (ii) the prisoner was sentenced before 4 November 1996; (b) a prisoner serving life imprisonment for an offence other than murder where — (i) the prisoner has served the period required by section 96(1) of the Sentencing Act 1995; or (ii) the prisoner was sentenced before 4 November 1996. (1A) The Governor may make a parole order in respect of a prisoner but only if a report about the prisoner has been given by the Board to the Minister under section 12 or 12A. (2) The release date in the order is that set by the Governor. (3) The parole period in the order is to be set by the Governor and must be at least 6 months and not more than 5 years. [Section 25 amended: No. 41 of 2006 s. 22; No. 29 of 2008 s. 39(8); No. 45 of 2016 s. 11.] [26. Deleted: No. 29 of 2008 s. 39(9).] 27. Indefinite imprisonment, Governor may parole prisoner (1) The Governor may make a parole order in respect of a prisoner sentenced to be imprisoned indefinitely but only if a report about the prisoner has been given by the Board under section 12 or 12A. (2) The release date in the parole order is that set by the Governor. (3) The parole period in the parole order is to be set by the Governor and must be at least 6 months and not more than 5 years. [Section 27 amended: No. 41 of 2006 s. 22.] Division 5A — Releasing prisoners during the Governor's pleasure [Heading inserted: No. 41 of 2006 s. 23.] 27A. Operation of this Division The powers in this Division are in addition to the power of the Governor to at any time release a Governor's pleasure detainee. [Section 27A inserted: No. 41 of 2006 s. 23; amended: No. 45 of 2016 s. 12.] 27B. Release may be by parole order (1) The release by the Governor of a person who is a Governor's pleasure detainee may, if the Governor thinks fit, be by means of a parole order made by the Governor. (2) The parole order may not be made unless a report about the person has been given by the Board under section 12 or 12A. (3) The release date is that set by the Governor. (4) The parole period in the order is to be set by the Governor and must be at least 6 months and not more than 5 years. (5) The Minister must cause a copy of every parole order made in respect of a person described in subsection (1) and a written explanation of the circumstances giving rise to it to be tabled in each House of Parliament within 15 sitting days of that House after it is made. [Section 27B inserted: No. 41 of 2006 s. 23; amended: No. 29 of 2008 s. 39(10) ; No. 45 of 2016 s. 13.] Division 6 — Parole orders 28. Parole order, nature of (1) A parole order is an order that on a release date specified in the order a prisoner is to be released on parole for a parole period specified in the order if he or she — (a) acknowledges in writing that he or she understands the general effect of Part 5 Divisions 2 and 3 should the order be cancelled; and (b) gives a written undertaking that during the parole period specified in the order he or she will comply with — (i) the standard obligations in section 29; and (ii) any of the additional requirements in section 30 that are specified in the parole order. [(2) deleted] [Section 28 amended: No. 41 of 2006 s. 24.] 29. Parole order, standard obligations The standard obligations of a parole order are that the prisoner — (a) must report to a community corrections centre within 72 hours after being released, or as otherwise directed by a CCO; and (b) must notify a CCO of any change of address or place of employment within 2 clear working days after the change; and (c) must comply with section 76. 30. Additional requirements for parole order (1) A parole order may contain such of these additional requirements as the Board or the Governor (as the case may be) thinks fit — (a) a requirement as to where the prisoner must reside; (b) requirements to protect any victim of a prisoner from coming into contact with the prisoner; (c) a requirement that the prisoner wear an approved electronic monitoring device; (d) a requirement that the prisoner permit the installation of an approved electronic monitoring device at the place where the prisoner resides; (e) a requirement that, if the CEO so directs, the prisoner — (i) wear an approved electronic monitoring device; or (ii) permit the installation of an approved electronic monitoring device at the place where the prisoner resides; or (iii) charge the approved electronic monitoring device so as to ensure the device is at all times operational; or (iv) not enter 1 or more areas of the State stated in a written notice given to the prisoner by the CEO; (f) a requirement that the prisoner must not leave Western Australia except with and in accordance with the written permission of the CEO; (g) requirements to facilitate the prisoner's rehabilitation; (h) a requirement that the prisoner must, in each period of 7 days, do the prescribed number of hours of community corrections activities; (i) a requirement that the prisoner must — (i) seek or engage in gainful employment or in vocational training; or (ii) engage in gratuitous work for an organisation approved by the CEO; (ia) a curfew requirement that the prisoner must remain at a specified place for a specified period not exceeding 12 hours in any period of 24 hours; (ib) a requirement that the prisoner must not frequent or visit a specified place or area; (j) prescribed requirements. (2) A person on whom a requirement is imposed under subsection (1)(c), (d) or (e)(i), (ii) or (iii) must comply with the requirement. Penalty for this subsection: imprisonment for 3 years and a fine of $36 000. (3) A person on whom a requirement is imposed under subsection (1)(e)(iv) must comply with the requirement, unless the person has a reasonable excuse. Penalty for this subsection: imprisonment for 3 years and a fine of $36 000. (4) Subsection (7) applies if the parole order relates to — (a) a prisoner — (i) who has been serving imprisonment for a family violence offence (category A); and (ii) who is bound by a family violence restraining order; or (b) a prisoner — (i) who has been serving imprisonment for a family violence offence (category B); and (ii) who is a serial family violence offender. (5) In subsection (4)(a)(i) a reference to a prisoner who has been serving imprisonment for a family violence offence (category A) is a reference to a prisoner — (a) who has been serving a fixed term for a family violence offence (category A); or (b) who — (i) has been serving a fixed term for an offence or offences other than a family violence offence (category A); and (ii) has been serving that term at all times since completing a fixed term for a family violence offence (category A). (6) In subsection (4)(b)(i) a reference to a prisoner who has been serving imprisonment for