Parole Act 1975
An Act to make provision for the establishment of a Parole Board, the granting by the Board of parole to prisoners, and incidental matters, to repeal the Indeterminate Sentences Act 1921 , and to amend certain other Acts
[Royal Assent 17 December 1975]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART I - Preliminary
1. Short title and commencement
(1) This Act may be cited as the Parole Act 1975 .(2) This Act shall commence on a date to be fixed by proclamation.
The Indeterminate Sentences Act 1921 is repealed.
[Section 3 Amended by No. 83 of 1981, s. 12 and Sched. 1 ][Section 3 Amended by No. 5 of 1985, s. 3 and Sched. 1 ][Section 3 Amended by No. 7 of 1987, s. 4 ][Section 3 Amended by No. 77 of 1993, s. 4 ][Section 3 Amended by No. 68 of 1994, s. 3 and Sched. 1 ][Section 3 Amended by No. 97 of 1994, s. 4 ]In this Act, unless the contrary intention appears –Board means the Parole Board established under this Act;Director means the Director of Corrective Services appointed pursuant to the Prison Act 1977 ;general meeting means a meeting of the Board that is not a special meeting;legal member has the meaning assigned to that expression by section 5 (2) (a) ;life prisoner means a prisoner who is serving a sentence for the term of his natural life;non-parole period, in relation to a sentence of imprisonment, means –(a) in a case to which section 12B (1) (d) or 12BA (1) (a) applies – the whole period of the sentence; or(b) in a case to which section 12B (1) (e) or 12BA (1) (b) applies – the non-parole period specified in the order made under that section; or(c) in any other case – the non-parole period specified in section 12A (1) ;operative sentence means such part of a sentence of imprisonment as has not been suspended;parole officer means a parole officer appointed pursuant to section 4 ;parole order means a parole order under section 19 ;practitioner means a legal practitioner within the meaning of the Legal Profession Act 1993 ;prescribed prisoner means a prisoner whose sentence of imprisonment has been partially suspended;prison means a prison within the meaning of the Prison Act 1977 ;prisoner means a person who is detained in lawful custody under a sentence of imprisonment lawfully passed upon him or who is released under a parole order, and includes a life prisoner;secretary has the meaning assigned to that expression by section 11 (1) ;sentence includes a sentence imposed by way of resentencing under section 9 (1) of the Criminal Code Amendment (Life Prisoners and Dangerous Criminals) Act 1994 ;special meeting means a meeting of the Board at which it exercises a power or performs a function in relation to a person convicted of murder or treason.
PART II - Administration
4. Appointment of parole officers
[Section 4 Substituted by No. 29 of 1984, s. 3 and Sched. 1 ](1) [Section 4 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ]The Secretary of the Department may appoint employees employed in that Department to be parole officers for the purposes of this Act.(2) [Section 4 Subsection (2) amended by No. 5 of 1990, s. 3 and Sched. 1 ]The Secretary of the Department may, with the approval of the Head of another Agency, within the meaning of the Tasmanian State Service Act 1984 , appoint employees employed in that Agency to be parole officers for the purposes of this Act, and such employees may hold office as parole officers in conjunction with their positions in the State Service.
PART III - The Parole Board
5. Establishment of Parole Board
(1) There shall be established a board, to be known as the Parole Board.(2) [Section 5 Subsection (2) amended by No. 97 of 1994, s. 5 ]Subject to subsection (2A) , the Board consists of 3 persons appointed by the Governor, of whom –(a) one shall be a person (in this Act referred to as "the legal member") who has practised as a practitioner or barrister of the Supreme Court or of a Supreme Court of any part of the Commonwealth other than this State for at least 7 years and has never been suspended from practice, had his name removed from, or struck off, the roll of that Court, or been disbarred; and(b) two shall be persons who the Governor is satisfied are experienced in matters associated with sociology, criminology, penology, or medicine or who possess any other knowledge or experience that the Governor considers is appropriate for the purpose.(2A) [Section 5 Subsection (2A) inserted by No. 97 of 1994, s. 5 ]The Board, when holding a special meeting, consists of 5 persons, being –(a) the persons appointed as members under subsection (2) ; and(b) 2 other persons appointed by the Governor.(2B) [Section 5 Subsection (2B) inserted by No. 97 of 1994, s. 5 ]The members appointed under subsection (2A) (b) are to be persons who the Governor is satisfied have knowledge or experience that would render them eligible for appointment under subsecton (2) (b) .(3) [Section 5 Subsection (3) amended by No. 97 of 1994, s. 5 ]The chairman of the Board shall be appointed by the Governor from among the members of the Board appointed under subsection (2) .(4) [Section 5 Subsection (4) substituted by No. 29 of 1984, s. 3 and Sched. 1 ]An employee, within the meaning of the Tasmanian State Service Act 1984 , may hold office as a member of the Board in conjunction with his position in the State Service.(5) Subject to subsection (6) , the members of the Board are entitled to receive –as the Governor may determine.(a) such sitting fees or remuneration; and(b) such travelling and other allowances and expenses –(6) [Section 5 Subsection (6) substituted by No. 29 of 1984, s. 3 and Sched. 1 ]No remuneration shall be paid pursuant to subsection (5) to a member of the Board who is an employee, within the meaning of the Tasmanian State Service Act 1984 , except with the approval of the Head of the Agency in which the employee is employed.
6. Term of office and removal of members of the Board
(1) Subject to this section, a member of the Board, unless he sooner resigns or is removed from office or otherwise ceases to hold office, continues in office for a period of 3 years from the date on which he was last appointed a member of the Board.(2) If a member of the Board dies or ceases to hold office otherwise than by reason of the effluxion of time, the Governor may appoint a person to fill the office for the remainder of the term for which the vacating member was so appointed (being a person who has the qualifications prescribed by section 5 (2) (a) if the vacating member is the legal member).(3) [Section 6 Subsection (3) amended by No. 97 of 1994, s. 6 ]The Governor may remove a member of the Board from office if he is satisfied that that member –(a) has become incapable of carrying out the duties of his office;(b) has misconducted himself in the performance of the duties of his office or otherwise in relation to his profession or calling;(c) has, in the case of a member appointed under section 5 (2) , been absent from 3 or more consecutive meetings of the Board without the leave of the Board;(ca) has, in the case of a member appointed under section 5 (2A) (b) , been absent from 3 or more consecutive special meetings without the leave of the Board;(d) has applied to take, or takes, advantage of any law relating to bankruptcy, or has compounded, or entered into an arrangement, with his creditors;(e) has been convicted (whether in this State or elsewhere) of an offence of such a nature that, in the opinion of the Governor, renders it improper for him to continue to be a member of the Board; or(f) being the legal member –whether in this State or elsewhere.(i) has been suspended from practice;(ii) has had his name removed from, or struck off, the roll of the Court; or(iii) has been disbarred –(4) A member of the Board shall not be removed from office otherwise than in accordance with this section.
[Section 7 Amended by No. 97 of 1994, s. 7 ](1) [Section 7 Subsection (1) amended by No. 83 of 1981, s. 4 ]The Board shall meet at such times and at such places as the chairman or his deputy decides.(2) [Section 7 Subsection (2) substituted by No. 83 of 1981, s. 4 ]The Minister may appoint a person to be the deputy of the chairman of the Board, and the deputy so appointed holds office during the pleasure of the Minister.(3) [Section 7 Subsection (3) substituted by No. 83 of 1981, s. 4 ]The deputy of the chairman of the Board is entitled to attend a meeting of the Board if the chairman is absent from that meeting and, when so attending, shall be deemed to be a member of, and the chairman of, the Board.(3A) [Section 7 Subsection (3A) inserted by No. 83 of 1981, s. 4 ]During a vacancy in the office of the chairman of the Board, the person who holds office as deputy of the chairman shall be deemed to be a member of, and the chairman of, the Board.(3B) [Section 7 Subsection (3B) inserted by No. 83 of 1981, s. 4 ]The Minister may appoint 2 persons to be deputies of the members of the Board appointed under section 5 (2) , other than the chairman, and a deputy so appointed holds office during the pleasure of the Minister.(3BA) [Section 7 Subsection (3BA) inserted by No. 97 of 1994, s. 7 ]A person who is a deputy appointed under subsection (3B) may be appointed as a member of the Board under section 5 (2A) (b) and that person may hold the office of member in conjunction with the office of deputy.(3C) [Section 7 Subsection (3C) inserted by No. 83 of 1981, s. 4 ]Subject to subsections (3D) and (3E) , the following provisions apply to a deputy appointed under subsection (3B) :(a) the deputy shall be designated by the Minister as principal deputy to one of the members of the Board referred to in that subsection;(b) the deputy is entitled to attend a meeting of the Board if –(i) the member of whom he is the principal deputy is absent from the meeting; or(ii) the other member of the Board who is not the chairman being absent from the meeting, that other member's principal deputy is so absent;(c) when so attending a meeting of the Board, the deputy is taken to be a member of the Board.(3D) [Section 7 Subsection (3D) inserted by No. 97 of 1994, s. 7 ]When a person who is a deputy appointed under subsection (3B) and who also holds an appointment under section 5 (2A) (b) as a member of the Board attends a special meeting, he or she does so in the capacity of a member and not in the capacity of a deputy.(3E) [Section 7 Subsection (3E) inserted by No. 97 of 1994, s. 7 ]Where one of the persons who is a deputy appointed under subsection (3B) also holds an appointment under section 5 (2A) (b) as a member of the Board, the person who is the other deputy appointed under subsection (3B) is entitled to attend a special meeting if the member of whom he or she is the principal deputy is absent from that special meeting.(3F) [Section 7 Subsection (3F) inserted by No. 97 of 1994, s. 7 ]The Minister may appoint 2 persons to be deputies of the members of the Board appointed under section 5 (2A) (b) and a deputy so appointed holds office during the pleasure of the Minister.(3G) [Section 7 Subsection (3G) inserted by No. 97 of 1994, s. 7 ]The following provisions apply to a deputy appointed under subsection (3F) :(a) the deputy is to be designated by the Minister as principal deputy to one of the members of the Board appointed under section 5 (2A) (b) ;(b) the deputy is entitled to attend a special meeting of the Board if –(i) the member of whom he or she is the principal deputy is absent from that special meeting; or(ii) the other member of the Board appointed under section 5 (2A) (b) and that member's deputy are both absent from that special meeting;(c) when so attending a special meeting, the deputy is taken to be a member of the Board.(4) The chairman of the Board or his deputy shall preside at any meeting of the Board at which he is present.(5) [Section 7 Subsection (5) substituted by No. 97 of 1994, s. 7 ]Three members of the Board constitute a quorum at a general meeting.(5A) [Section 7 Subsection (5A) inserted by No. 97 of 1994, s. 7 ]Five members of the Board constitute a quorum at a special meeting.(6) The Board may, by resolution, appoint such committees as it thinks fit to assist or advise the Board in relation to the exercise and performance of its functions and duties under this Act.(7) Subject to this Act, the Board –(a) shall conduct any business before it in such manner as appears to it most likely to ensure that it comes to a proper decision; and(b) shall direct itself by such evidence as is available to it, whether the evidence is such as would be admissible in a court or not.
(1) For the purposes of this Act, the Board may –(a) by summons under the hand of the secretary, require any person to attend before the Board;(b) require any person to give oral or written answers to any questions relating to any matter before the Board;(c) by summons under the hand of the secretary, require any person to produce any document in his possession or power relating to any matter before the Board;(d) examine a witness on oath or affirmation which may be administered by any member of the Board; and(e) require any information given to the Board to be verified by statutory declaration.(2) [Section 8 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person who –is guilty of an offence.(a) having been duly served with a summons to attend before the Board, neglects or fails to attend, without reasonable excuse, in answer to the summons;(b) wilfully insults the Board or a member of the Board;(c) misbehaves himself before the Board;(d) interrupts the proceedings of the Board; or(e) having been called or examined as a witness before the Board, refuses to be sworn or to affirm, or refuses to answer any question that he would be compellable to answer in a court, or refuses to produce a document specified in a summons served on him –Penalty: Fine not exceeding 10 penalty units or imprisonment for a term not exceeding 6 months.(3) For the purposes of any business before it, the Board may –(a) appoint a member of the Board to make an investigation or inquiry and may consider the report of that investigation or inquiry made by him;(b) consider the report of an investigation or inquiry made by any other person who, it is satisfied, is competent to make that investigation or inquiry; and(c) rely on the knowledge of a member of the Board, however that knowledge is gained.(4) The powers conferred on the Board by this section shall not be exercised by it in relation to a judge or magistrate.
(1) The Board shall, at such time in each year as is prescribed, make a written report to the Minister of –(a) the number of prisoners released on parole during the last preceding period of 12 months and the number of prisoners returned to prison by reason of the revocation of their release on parole; and(b) the general activities of the Board under this Act during that period and any matters affecting the operation of this Act that the Board thinks fit to include in the report.(2) The Minister shall, as soon as practicable, lay before each House of Parliament a copy of any report made to him under subsection (1) .(3) The Board shall, whenever so required by the Minister, furnish the Minister with a report on any matter in connection with the administration of this Act on which the Minister has required the report.
(1) Where a document purports to bear the signature of a member of the Board or the secretary, a court or a person acting judicially shall presume, in the absence of evidence to the contrary, that the signature of the member or secretary has been duly affixed to the document.(2) An apparently genuine document purporting to record a determination or decision of the Board and purporting to be signed by the secretary shall, in the absence of evidence to the contrary, be taken as proof that such a determination or decision has been duly made by the Board.
11. Secretary and other officers
[Section 11 Substituted by No. 29 of 1984, s. 3 and Sched. 1 ](1) The Board may make arrangements with the Head of an Agency, within the meaning of the Tasmanian State Service Act 1984 , for an employee employed in that Agency to be appointed Secretary of the Board, and that employee may hold that office in conjunction with his position in the State Service.(2) The Board may make arrangements with the Head of an Agency, within the meaning of the Tasmanian State Service Act 1984 , for such employees employed in that Agency as may be considered necessary to be made available to the Board to enable it to perform its functions, and such employees may, in conjunction with their positions in the State Service, serve the Board in any capacity.
(1) The expenses of the Board shall be defrayed out of moneys provided by Parliament for the purpose.(2) The Board shall keep such accounts as may be prescribed.(3) [Section 12 Subsection (3) amended by No. 68 of 1994, s. 3 and Sched. 1 ]The accounts of the Board are subject to the Financial Management and Audit Act 1990 .
PART IIIA - Eligibility for Parole[Part IIIA Inserted by No. 7 of 1987, s. 5 ]
12A. Statutory non-parole period
[Section 12A Inserted by No. 7 of 1987, s. 5 ](1) [Section 12A Subsection (1) substituted by No. 49 of 1989, s. 4 ]Subject to subsection (2) and to section 12B , the non-parole period in respect of a sentence of imprisonment is a period equal to one-half of the period of the sentence.(2) [Section 12A Subsection (2) amended by No. 46 of 1991, s. 4 and Sched. 2 ] Subsection (1) does not apply in relation to –(a) a sentence of imprisonment for the term of the natural life of the prisoner; or(b) detention in accordance with an order under section 392 (2) of the Criminal Code .
12B. Power of courts to make orders limiting eligibility for parole
[Section 12B Inserted by No. 7 of 1987, s. 5 ][Section 12B Subsection (1) amended by No. 97 of 1994, s. 8 ](1) [Section 12B Subsection (1) amended by No. 46 of 1991, s. 4 and Sched. 2 ]Where a court imposes a sentence of imprisonment on a person (not being imprisonment for the term of the person's natural life or detention in accordance with an order under section 392 (2) of the Criminal Code ), either upon the conviction of the person for an offence or upon the determination of an appeal, or, on appeal, confirms the imposition of such a sentence, the court may, having regard to –(a) the nature and circumstances of the offence;(b) the antecedents or character of the person; or(c) any other matter that it considers relevant –order –(d) that the person be not eligible for parole in respect of that sentence; or(e) subject to subsection (2) , that the person be not eligible for parole in respect of that sentence before the expiration of such non-parole period as is specified in the order.(2) The non-parole period specified in an order under subsection (1) (e) in respect of a sentence of imprisonment to which section 12A (1) applies shall be not less than the non-parole period that, but for the making of the order, would be applicable, under that section, in respect of that sentence.(3) An order made under subsection (1) shall be taken, for all purposes, to form part of the sentence to which it relates.
12BA. Eligibility of life prisoners for parole
[Section 12BA Inserted by No. 97 of 1994, s. 9 ](1) A court that sentences a person to imprisonment for the term of his or her natural life, either upon the conviction of the person for an offence or upon the determination of an appeal, must –(a) order that the person is not eligible for parole in respect of that sentence; or(b) order that the person is not eligible for parole in respect of that sentence before the expiration of such non-parole period as is specified in the order.(2) An order made under subsection (1) forms, for all purposes, part of the sentence to which it relates.(3) In determining which of the alternative orders under subsection (1) it should make, a court may have regard to such matters as it considers necessary or appropriate and, without limiting the generality of this, may have particular regard to all or any of the following:(a) the nature and circumstances of the person's offence;(b) the person's antecedents or character;(c) any other sentence the court has imposed on the person.(4) A life prisoner in respect of whom an order has been made under subsection (1) (a) is not eligible to be released on parole in respect of his or her sentence.
12C. When prisoner eligible for parole
[Section 12C Inserted by No. 7 of 1987, s. 5 ][Section 12C Amended by No. 77 of 1993, s. 5 ][Section 12C Amended by No. 97 of 1994, s. 10 ](1) [Section 12C Subsection (1) substituted by No. 49 of 1989, s. 5 ]Subject to sections 12D and 19 (1A) , a prisoner shall not be released on parole before the completion of –whichever is the greater, unless, in the opinion of the Board, there are exceptional circumstances warranting the earlier release on parole of the prisoner.(a) the non-parole period applicable to his sentence; or(b) a continuous period of imprisonment of 6 months –(2) [Section 12C Subsection (2) omitted by No. 97 of 1994, s. 10 ]. . . . . . . .
12D. Prisoner subject to more than one non-parole period or other minimum term
[Section 12D Inserted by No. 7 of 1987, s. 5 ][Section 12D Amended by No. 49 of 1989, s. 6 ][Section 12D Subsection (3) amended by No. 46 of 1991, s. 4 and Sched. 2 ](1) In this section –designated sentence means –(a) a sentence of imprisonment to which a non-parole period is applicable; or(b) a sentence of imprisonment to which an order under section 12B (1) (d) is applicable; or(c)minimum term, in relation to a designated sentence, means –(a) in the case of a sentence to which a non-parole period is applicable – that non-parole period; or(b) in any other case – the sentence itself.(2) Where, at any time, a person is subject to 2 or more designated sentences –(a) the minimum terms relating to those designated sentences shall, subject to subsections (3) and (4) , be cumulative upon, or concurrent with, each other in like manner as the sentences to which they relate; and(b) the completion by a person of the non-parole period applicable to a sentence to which he is subject shall not be taken into account for the purposes of section 12C (1) if, at the time of completion of that non-parole period, he has not completed the minimum term relating to any other designated sentence to which he is subject.(3) [Section 12D Subsection (3) amended by No. 49 of 1989, s. 6 ]For the purposes of subsection (2) , where, at any time, a person is subject to 2 or more sentences that are to be served concurrently, being sentences to each of which, but for this subsection, a non-parole period would be applicable under section 12A , those sentences shall be taken to be collectively subject to a single non-parole period ascertained, in accordance with that section, as if those sentences comprised a single sentence of imprisonment for a period equal to the total period of imprisonment to which the person is sentenced as a result of those sentences being served concurrently.(4) Where, under subsection (2) , the minimum term in relation to a designated sentence is cumulative upon the minimum term in relation to another such sentence, the later minimum term shall be taken to commence upon the expiration of the earlier minimum term, notwithstanding that the earlier sentence has not been completed.
[Section 12E Inserted by No. 7 of 1987, s. 5 ](1) [Section 12E Subsection (1) substituted by No. 49 of 1989, s. 7 ]A prisoner may, not earlier than 3 months before becoming eligible, under section 12C (1) , to be released on parole, apply to the Board to be so released.(2) [Section 12E Subsection (2) substituted by No. 49 of 1989, s. 7 ]Subject to section 12D , if a prisoner who is eligible to be released on parole is not so released, the prisoner may, not earlier than 3 months after –apply to the Board to be released on parole, and the Board shall consider whether the prisoner should be so released.(a) becoming eligible for release on parole; or(b) making an application under this subsection –(3) Notwithstanding the foregoing provisions of this section, the Board may, in its discretion, permit a prisoner to make an application to the Board at a time earlier than a time at which, but for this subsection, the prisoner would be eligible to make the application.(4) An application by a prisoner under this section shall be made in the prescribed manner.(5) The Board may consider a prisoner's release on parole notwithstanding that he has not made an application under this section.
12F. Applications for parole by prescribed prisoners
[Section 12F Inserted by No. 77 of 1993, s. 6 ](1) A prescribed prisoner may, not earlier than 3 months before becoming eligible to be considered for release on parole under section 19 (1A) , apply to the Board to be considered for release under that section.(2) If a prescribed prisoner who is eligible to be considered for release on parole under section 19 (1A) is not so released, the prisoner may, not earlier than 3 months after –apply to the Board to be considered for release under that section.(a) becoming eligible to be considered for release under that section; or(b) making an application under subsection (1) –(3) Notwithstanding subsections (1) and (2) , the Board, in its discretion, may permit a prescribed prisoner to make an application to the Board at a time earlier than the time at which, but for this subsection, the prisoner would be eligible to make the application.(4) An application by a prescribed prisoner under this section is to be made in the prescribed manner.(5) Nothing in this section restricts the operation of section 12E in respect of a prescribed prisoner.
PART IV - Release on Parole
Division 1 - [Part IV, Div. 1 Heading inserted by No. 63 of 1996, s. 7 ]General parole provisions[Part IV, Div. 1 Repealed by No. 97 of 1994, s. 11 ][Section 13 Repealed by No. 97 of 1994, s. 11 ]. . . . . . . . [Section 14 Repealed by No. 97 of 1994, s. 11 ]. . . . . . . . [Section 15 Repealed by No. 97 of 1994, s. 13 ]. . . . . . . . [Section 16 Repealed by No. 7 of 1987, s. 6 ]. . . . . . . . [Section 17 Repealed by No. 7 of 1987, s. 6 ]. . . . . . . .
18. Preliminary examinations by the Board
(1) [Section 18 Subsection (1) amended by No. 83 of 1981, s. 12 and Sched. 1 ]The Board shall, as soon as a prisoner who has been sentenced to a term of imprisonment of 12 months or longer is confined in a prison, cause to be made an examination of such part of the prisoner's personal and medical history as, in the opinion of the Board will, at the time when he is eligible to be released on parole, be relevant to its consideration of so releasing him.(2) [Section 18 Subsection (2) amended by No. 83 of 1981, s. 12 and Sched. 1 ]Where a prisoner is sentenced to a term of imprisonment of less than 12 months, the Board may, as soon as he is confined in a prison, cause an examination to be made in relation to the prisoner as if he were a prisoner to whom subsection (1) applies.
(1) [Section 19 Subsection (1) amended by No. 7 of 1987, s. 7 ]Subject to this section and section 12E , the Board shall, on a prisoner's becoming eligible to be released on parole pursuant to section 12C , consider whether he should be so released.(1A) [Section 19 Subsection (1A) inserted by No. 77 of 1993, s. 7 ]The Board may consider whether a prisoner who would otherwise be ineligible to be released on parole before the completion of the non-parole period applicable to his or her sentence should be released on parole before the completion of that period if –(a) the prisoner is a prescribed prisoner; and(b) the prisoner has completed a period of imprisonment of not less than one-half of his or her operative sentence or a continuous period of 6 months, whichever is the greater period.(1B) [Section 19 Subsection (1B) inserted by No. 77 of 1993, s. 7 ]The Board's power under subsection (1A) is exercisable in respect of a prescribed prisoner whether or not the prisoner has made an application under section 12F .(2) [Section 19 Subsection (2) amended by No. 77 of 1993, s. 7 ]A prisoner whose release on parole is being considered under subsection (1) or (1A) is entitled to be heard personally on the matter by the Board only if the Board so determines.(3) [Section 19 Subsection (3) amended by No. 77 of 1993, s. 7 ]After considering a prisoner's release pursuant to subsection (1) or (1A) , the Board may –(a) if, having regard to the interests of the public and the interests of the prisoner, the Board is satisfied that it is proper to do so, by order, direct that the prisoner shall be released –as is specified in the order;(i) at a time (being not more than two months after the date of the order); and(ii) for such period as, subject to section 20 , the Board deems appropriate and –(b) defer the matter; or(c) refuse to release the prisoner on parole.(4) A parole order may be subject to such terms and conditions as the Board thinks fit and as are specified in the order.(5) The Board may, at any time before the release of a prisoner under a parole order, revoke, amend, or vary the order.(5A) [Section 19 Subsection (5A) inserted by No. 83 of 1981, s. 5 ]The chairman of the Board or his deputy may, at any time before the release of a prisoner under a parole order, suspend the order for a period not exceeding 14 days.(6) [Section 19 Subsection (6) amended by No. 83 of 1981, s. 5 ]After making a parole order or decision under paragraph (b) or paragraph (c) of subsection (3) , the Board shall cause notice of the order or decision to be communicated to the prisoner concerned in such manner as it considers appropriate.
(1) The period for which a prisoner may be released on parole shall not be less than 6 months.(2) The minimum period of parole specified in subsection (1) applies to the release of a prisoner, notwithstanding that the total of that period and the period of the sentence of imprisonment that he has already served at the time of his release exceeds the full term of that sentence.
21. Sentences for offences committed during release on parole
[Section 21 Amended by No. 83 of 1981, s. 6 ]Notwithstanding the provisions of section 391 of the Criminal Code and section 75 of the Justices Act 1959 , where a prisoner is sentenced to imprisonment for an offence committed during the period of his release on parole, that sentence shall be cumulative on the remainder of the sentence in respect of which the prisoner was released on parole unless the court, because it is of the opinion that special circumstances make it desirable to do so, orders that the first-mentioned sentence shall be concurrent with the remainder of the last-mentioned sentence.
Division 2 - [Part IV, Div. 2 Heading repealed by No. 97 of 1994, s. 12 ][Part IV, Div. 2 Heading substituted by No. 63 of 1996, s. 7 ]Effect and control of parole orders
[Section 22 Amended by No. 97 of 1994, s. 14 ]This Division applies to every prisoner to whom a parole order applies.
(1) [Section 23 Subsection (1) amended by No. 5 of 1985, s. 3 and Sched. 1 ]A parole order is sufficient warrant to the Director and any person having the custody or control of the prisoner to whom the order applies to release him in accordance with the tenor of the order.(2) [Section 23 Subsection (2) substituted by No. 83 of 1981, s. 7 ]A prisoner who is released under a parole order shall, as long as he is on parole –(a) be under the supervision of a parole officer; and(b) comply with any terms and conditions to which the order is subject and with such requirements as may be made of him by the parole officer in accordance with the regulations.(2A) [Section 23 Subsection (2A) omitted by No. 97 of 1994, s. 15 ]. . . . . . . .(3) [Section 23 Subsection (3) substituted by No. 97 of 1994, s. 15 ]Notwithstanding subsection (2) , the Board may –(a) in circumstances that it considers to be exceptional – direct that a prisoner who is released under a parole order is not required to be under the supervision of a parole officer; or(b) if it considers that it is unreasonable or unnecessary for a prisoner released under a parole order to be under the supervision of a parole officer for the whole of the period the prisoner is on parole – direct that the prisoner so released is required to be under the supervision of a parole officer only for such part of that period as the Board specifies in its direction.(4) [Section 23 Subsection (4) inserted by No. 97 of 1994, s. 15 ]The Board must not issue a direction under subsection (3) (a) in respect of a life prisoner if that prisoner is released on parole pursuant to section 28 .
24. Prisoner on parole taken to be still under sentence
[Section 24 Amended by No. 77 of 1993, s. 8 ][Section 24 Amended by No. 97 of 1994, s. 16 ](1) During the period of parole granted to a prisoner under a parole order, the prisoner shall be regarded as being still under sentence.(2) [Section 24 Subsection (2) substituted by No. 83 of 1981, s. 8 ]Subject to subsection (3) , section 25 (4) and to section 26 , when the period of parole granted to a prisoner expires without the revocation of his parole order, the sentence of the court on the prisoner shall be regarded as having been wholly satisfied.(3) [Section 24 Subsection (3) substituted by No. 77 of 1993, s. 8 ] Subsection (2) does not apply to –(a) a life prisoner; or(b) a prisoner released on parole in respect of a partially suspended sentence of imprisonment.
25. Power of Board to revoke parole orders, &c.
(1) [Section 25 Subsection (1) substituted by No. 83 of 1981, s. 9 ]Subject to subsections (2) and (3) , the Board may, at any time, of its own motion or on receiving a report from a parole officer or any other person –(a) revoke a parole order;(b) vary, amend, or confirm a parole order or suspend a parole order on such terms as it thinks fit; or(c) exercise in relation to a parole order more than one of its powers under paragraph (b) .(2) [Section 25 Subsection (2) omitted by No. 97 of 1994, s. 17 ]. . . . . . . .(3) [Section 25 Subsection (3) substituted by No. 83 of 1981, s. 9 ]The Board shall not revoke, vary, amend, confirm, or suspend a parole order granting parole to a prisoner unless it has first –(a) called on the prisoner in the prescribed manner to show cause why any of those powers should not be exercised; and(b) heard the prisoner, unless he fails to appear at the time and place appointed by the Board.(4) Where a person is sentenced to imprisonment for an offence committed during the period of his release on parole, that release is, by virtue of this subsection, revoked, whether or not, at the time of his conviction for that offence, the period of that release had expired.(4A) [Section 25 Subsection (4A) inserted by No. 83 of 1981, s. 9 ] Subsection (4) does not apply where the execution of the whole of a sentence referred to in that subsection is suspended under the Criminal Code or the Justices Act 1959 .(5) [Section 25 Subsection (5) amended by No. 97 of 1994, s. 17 ]If a prisoner's release on parole is revoked –(a) in the case of a prisoner who is not a life prisoner, the prisoner is liable to serve the remainder of his sentence and the period of that release shall not be taken into account in determining how much of the term of his sentence remains to be served; and(b) in the case of a life prisoner, the prisoner is liable to be imprisoned for the remainder of his natural life.(c) . . . . . . . .(6) [Section 25 Subsection (6) amended by No. 83 of 1981, s. 12 and Sched. 1 ]Where the Board revokes a parole order applying to a prisoner after his release from prison, the Board may, by warrant signed by the secretary or any two members of the Board, authorize any police officer to apprehend the prisoner and return him to a prison.(7) A warrant under subsection (6) is sufficient authority to the police officer executing the warrant for the acts that it authorizes.
26. Warrants for return of prisoners to prison
(1) [Section 26 Subsection (1) amended by No. 83 of 1981, s. 12 and Sched. 1 ]If at any time –(a) the Board has reasonable cause to suspect any act or omission on the part of a prisoner who has been released on parole that, in its opinion, may justify the revocation of his parole order; or(b) for any other reason the Board considers it proper to do so, the Board may, by warrant signed by the secretary or any two members of the Board, authorize any police officer to apprehend the prisoner and return him to prison.(1A) [Section 26 Subsection (1A) inserted by No. 83 of 1981, s. 10 ]The chairman of the Board or his deputy may, if he considers special circumstances so require, sign a warrant and issue it on behalf of the Board and such a warrant has the same effect as if it were a warrant issued under subsection (1) .(2) [Section 26 Subsection (2) amended by No. 83 of 1981, s. 10 ]The provisions of section 25 (7) apply to a warrant under subsection (1) or (1A) as if it were a warrant under section 25 (6) .(2A) [Section 26 Subsection (2A) inserted by No. 83 of 1981, s. 10 ]On the issue of a warrant under subsection (1) or (1A) , or under section 25 (6) , for the apprehension of a prisoner on parole, his parole is extended for a period equal to a period commencing on the day on which the warrant is issued and ending on the day on which it is executed.(3) [Section 26 Subsection (3) amended by No. 83 of 1981, s. 10 and s. 12 and Sched. 1 ]Where a prisoner is returned to prison following the execution of a warrant against him under subsection (1) or (1A) –(a) the Board shall, within 14 days after the prisoner is so returned to prison, give him an opportunity to be heard;(b) the Board may, after complying with paragraph (a) , exercise in relation to him the powers conferred on it by subsection (1) of section 25 as if he were a prisoner to whom that subsection applies; and(c) if the Board revokes the prisoner's release on parole pursuant to that subsection, the provisions of subsection (5) of that section apply to the prisoner accordingly.(4) [Section 26 Subsection (4) inserted by No. 83 of 1981, s. 10 ]The Board is not required to comply with the provisions of section 25 (3) where, pursuant to paragraph (b) of subsection (3) of this section, it exercises in relation to a prisoner the powers referred to in that paragraph.(5) [Section 26 Subsection (5) inserted by No. 83 of 1981, s. 10 ]Where a prisoner is not apprehended and returned to prison following the issue of a warrant under subsection (1) or (1A) for his apprehension, the chairman or secretary of the Board may apply to a court of petty sessions for an order directing the apprehension of the prisoner and the court shall make such an order if it is satisfied that the warrant has been properly issued.
27. Effect of suspension of parole orders
[Section 27 Subsection (1) amended by No. 5 of 1985, s. 3 and Sched. 1 ](1) [Section 27 Subsection (1) amended by No. 83 of 1981, s. 11 ]If the Board suspends a parole order pursuant to section 19 , 25 , or 26 , the suspension is sufficient warrant to the Director and any person having the custody or control of the prisoner to whom that order applies to detain him in accordance with the tenor of the order suspending the parole order.(2) [Section 27 Subsection (2) added by No. 83 of 1981, s. 11 ]The period that a person is detained pursuant to subsection (1) shall be deemed to be part of the period of his release on parole.
28. Power of Board to release prisoner on parole after previous revocation
(1) [Section 28 Subsection (1) substituted by No. 97 of 1994, s. 18 ]The Board may release a prisoner on parole notwithstanding that on any previous occasion the prisoner's release on parole has been revoked.(2) [Section 28 Subsection (2) omitted by No. 97 of 1994, s. 18 ]. . . . . . . .(3) [Section 28 Subsection (3) omitted by No. 97 of 1994, s. 18 ]. . . . . . . .(4) Where the Board releases a prisoner on parole pursuant to this section, the order made by the Board for that purpose shall be deemed to be a parole order made by the Board under section 19 and the provisions of this Part relating to orders under that section and the prisoners to whom those orders are applicable apply accordingly to the first-mentioned order and to the prisoner.
PART V - Miscellaneous
29. Preservation of Royal prerogative of mercy
Nothing in this Act shall be construed so as to limit or affect in any way the exercise in relation to a prisoner of the Royal prerogative of mercy.
30. Protection of members of Board and other persons
[Section 30 Amended by No. 29 of 1984, s. 3 and Sched. 1 ]No liability attaches to a member of the Board, the secretary, or an employee, within the meaning of the Tasmanian State Service Act 1984 , whose services are used by the Board pursuant to section 11 (2) for any act or omission by him or by the Board in good faith and in the exercise or purported exercise of his or its powers or functions or in the discharge or purported discharge of his or its duties under this Act.
(1) The Governor may make regulations for the purposes of this Act.(2) Without prejudice to the generality of subsection (1) , regulations made under that subsection –(a) may prescribe the manner in which a prisoner released on parole is to be supervised; and(b) may prescribe the requirements that may be made of him by a parole officer in the course of that supervision.
[Section 32 Repealed by No. 7 of 1987, s. 8 ][Section 33 Repealed by No. 7 of 1987, s. 8 ]. . . . . . . . [Section 34 Repealed by No. 7 of 1987, s. 8 ]. . . . . . . .(1) In this section –commencement day means the day on which the Criminal Code Amendment (Life Prisoners and Dangerous Criminals) Act 1994 commences;existing life prisoner means a person who –(a) is under a sentence of imprisonment for the term of that person's natural life; and(b) was sentenced to that term of imprisonment before the commencement day; and(c) has not been resentenced under section 9 (1) of the Criminal Code Amendment (Life Prisoners and Dangerous Criminals) Act 1994 .(2) The eligibility of an existing life prisoner to be –is to be determined in accordance with this Act as in force immediately before the commencement day.(a) considered for release on parole; or(b) released on parole –(3) If an existing life prisoner –section 25 (2) as in force immediately before that day applies to the revocation, variation, amendment or suspension of the parole order.(a) is on release on parole immediately before the commencement day; or(b) is released on parole on or after the commencement day –
SCHEDULE 1