Parole Orders (Transfer) Act 1983

Parole Orders (Transfer) Act 1983

An Act relating to the reciprocal enforcement of parole orders

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 1 - [Part 1 Heading inserted by No. 35 of 2013, s. 10, Applied:01 May 2015] Preliminary

1.   Short title

This Act may be cited as the Parole Orders (Transfer) Act 1983 .

2.   Commencement

(1)  Section 1 and this section shall commence on the day on which this Act receives the Royal Assent.

(2)  Except as provided in subsection 1 , the several provisions of this Act shall commence on such day or days as may be fixed by proclamation.

3.   Interpretation

[Section 3 Amended by No. 29 of 1984, s. 3 and Sched. 1 ]In this Act, unless the contrary intention appears –

corresponding law means a law of another State or a Territory relating to the transfer of parole orders declared by the Minister, by notice published in the Gazette, to be a corresponding law for the purposes of this Act;

court of summary jurisdiction has the meaning assigned to that expression by section 3 (1) of the Justices Act 1959 ;

[Section 3 Amended by No. 35 of 2013, s. 11, Applied:01 May 2015] designated authority means, in relation to another State or a Territory, the person (other than a body corporate) having powers under the corresponding law of that other State or Territory that correspond to those of the Minister under section 5 ;

[Section 3 Amended by No. 35 of 2013, s. 11, Applied:01 May 2015] Director means the Director, Community Corrections, within the meaning of the Interstate Transfer (Community-based Sentences) Act 2009 ;

[Section 3 Amended by No. 35 of 2013, s. 11, Applied:01 May 2015] interstate Director, in relation to another State or a Territory, means the person or body having powers under the corresponding law of that State or Territory that correspond to those of the Director under this Act;

[Section 3 Amended by No. 35 of 2013, s. 11, Applied:01 May 2015] interstate law enforcement officer, in relation to another State or a Territory, means a local law enforcement officer within the meaning of the corresponding law of that State or Territory;

[Section 3 Amended by No. 35 of 2013, s. 11, Applied:01 May 2015] interstate parolee means a person to whom an interstate parole order relates;

[Section 3 Amended by No. 35 of 2013, s. 11, Applied:01 May 2015] interstate parole order means a parole order made under a law of another State or a Territory;

[Section 3 Amended by No. 35 of 2013, s. 11, Applied:01 May 2015] interstate travel permit means an interstate travel permit issued under section 10B or an interstate travel permit (however described) issued under the corresponding law of another State or a Territory;

[Section 3 Amended by No. 35 of 2013, s. 11, Applied:01 May 2015] local law enforcement officer means a correctional officer, or probation officer, within the meaning of the Corrections Act 1997 , or a police officer;

[Section 3 Amended by No. 17 of 1996, Applied:10 Apr 2002] Parole Board means the Parole Board established under the Corrections Act 1997 ;

[Section 3 Amended by No. 17 of 1996, Applied:10 Apr 2002] parole order means a parole order in force under the Corrections Act 1997 or under a law of another State or a Territory relating to parole, and includes–

(a) an authority given under a law of this State or a law of another State or a Territory for the release of a person from imprisonment or lawful detention, being an authority that is to be deemed to be such a parole order under such a law; and

(b) [Section 3 Amended by No. 35 of 2013, s. 11, Applied:01 May 2015] such a parole order or authority as varied from time to time; and

(c) [Section 3 Amended by No. 35 of 2013, s. 11, Applied:01 May 2015] a prospective parole order, but only for the purpose of making or dealing with a request under section 5 ;

[Section 3 Amended by No. 23 of 2009, s. 38, Applied:16 Jun 2009]

[Section 3 Amended by No. 23 of 2009, s. 38, Applied:16 Jun 2009] Registrar means the secretary of the Parole Board appointed under section 66 of the Corrections Act 1997 ;

[Section 3 Amended by No. 35 of 2013, s. 11, Applied:01 May 2015] relevant Ministerial arrangements, in relation to another State or a Territory, means arrangements entered into under section 10A between the Minister and the designated authority of that State or Territory;

sentence of imprisonment includes an order, direction, declaration, or other authority under which a person may be lawfully detained in a prison;

[Section 3 Amended by No. 35 of 2013, s. 11, Applied:01 May 2015] Tasmanian parolee means a person to whom a Tasmanian parole order relates;

[Section 3 Amended by No. 35 of 2013, s. 11, Applied:01 May 2015] Tasmanian parole order means a parole order made under a law of Tasmania;

Territory means a Territory of the Commonwealth.

PART 2 - [Part 2 Heading inserted by No. 35 of 2013, s. 12, Applied:01 May 2015] Registration of Parole Orders

4.   

5.   Requests for registration of transferred parole orders

(1)  The Minister may at the request in writing of the designated authority for another State or a Territory, by instrument in writing, direct the Registrar to register under this Act a parole order that was in force at the time of the request under a law of that other State or that Territory.

(2)  [Section 5 Subsection (2) amended by No. 35 of 2013, s. 13, Applied:01 May 2015] The Minister may, by instrument in writing addressed to the designated authority for another State or a Territory, request that a parole order made under a law of this State be registered under the corresponding law of that other State or that Territory.

(3)  [Section 5 Subsection (3) inserted by No. 35 of 2013, s. 13, Applied:01 May 2015] A direction or request is not to be made under this section unless the Minister is satisfied that the person to whom the parole order relates –

(a) has given consent to, or has requested, the registration of the parole order under this Act or under the relevant corresponding law (as the case requires), and has not withdrawn that consent or request; or

(b) is present in the State or Territory in which the order is proposed to be registered.

(4)  [Section 5 Subsection (4) inserted by No. 35 of 2013, s. 13, Applied:01 May 2015] A person who has given consent to, or has requested, the registration of a parole order, as referred to in subsection (3)(a) , may withdraw the consent or request at any time before (but not after) the parole order is registered.

6.   Documents to accompany requests

(1)  Where the Minister requests the designated authority for another State or a Territory under section 5 (2) to register a parole order under the corresponding law of that other State or that Territory, the Minister shall cause to be sent to the designated authority –

(a) [Section 6 Subsection (1) amended by No. 17 of 1996, Applied:10 Apr 2002] the parole order to which the request relates together with any variations of the order; and

(b) [Section 6 Subsection (1) amended by No. 17 of 1996, Applied:10 Apr 2002] the judgment or order by virtue of which the person to whom the parole order relates became liable to undergo the imprisonment to which the parole order relates; and

(c) particulars in writing of the address of that person last-known to the Minister; and

(d) a report in writing relating to that person containing such information and accompanied by such documents as appear to be likely to be of assistance to any court, authority, or officer in that other State or that Territory, including all documents that were before the body making the parole order, details of convictions, sentences of imprisonment, minimum terms of imprisonment, periods of imprisonment served, class of prisoner, remissions earned, and other grants of parole.

(2)  [Section 6 Subsection (2) amended by No. 35 of 2013, s. 14, Applied:01 May 2015] A reference in subsection (1) (other than a reference in subsection (1) (a) ) to an order, judgment, or other document is a reference to the original or to a copy certified as a true copy by the Registrar.

(3)  [Section 6 Subsection (3) inserted by No. 35 of 2013, s. 14, Applied:01 May 2015] In subsection (1)(a) , a reference to a parole order (including any variation of a parole order) is a reference not only to the original but also to a copy that, under a law of this State, has the same effect as the original.

7.   Matters to which Minister is to have regard

[Section 7 Substituted by No. 35 of 2013, s. 15, Applied:01 May 2015] In determining whether to make a direction or request under section 5 , the Minister must have regard to the following matters:

(a) the interests (including the welfare) of the person to whom the parole order relates;

(b) the administration of justice in this or any other State or a Territory;

(c) the protection of the community in this or any other State or a Territory;

(d) any other matter the Minister considers relevant.

8.   Registration

(1)  When so directed under section 5 (1) , the Registrar shall register a parole order under this Act by –

(a) endorsing on the parole order a memorandum signed by him to the effect that the parole order is, on the date of the endorsement, registered under this Act; and

(b) keeping the endorsed parole order in a register together with the original or copy of the judgment or order sent by the designated authority, being the judgment or order by virtue of which the person to whom the parole order relates became liable to undergo the imprisonment to which the parole order relates.

(1A)  [Section 8 Subsection (1A) inserted by No. 35 of 2013, s. 16, Applied:01 May 2015] Despite subsection (1) , a parole order must not be registered under this Act unless, or until, the person to whom the order relates is present in this State.

(2)  When the Registrar has registered a parole order, he shall –

(a) forward to the chairman of the Parole Board one copy of the parole order, being a copy on which is written a copy of the memorandum endorsed on the parole order in accordance with subsection (1) , together with one copy of the judgment or order referred to in subsection (1) (b) ; and

(b) cause notice in writing of the fact and date of the registration of the parole order to be given to the designated authority who requested the registration of the parole order, and to be served personally on the person to whom the parole order relates.

9.   Effect of registration

(1)  Subject to this section, while a parole order (including a parole order that was, at any time, in force in this State) is registered under this Act, the laws of this State apply to and in relation to the parole order and the person to whom the parole order relates.

(2)  If the parole order registered under this Act was made under a law of another State or a Territory, the laws of this State apply under subsection (1) as if –

(a) [Section 9 Subsection (2) amended by No. 17 of 1996, Applied:10 Apr 2002] each sentence of imprisonment to which the person to whom the parole order relates was subject immediately before the making of the parole order had been imposed by the appropriate court of this State; and

(b) each period of imprisonment served by that person for the purpose of each such sentence had been served for the purpose of the sentence imposed by the appropriate court of this State; and

(c) the parole order had been made and were in force under a law of this State.

(2A)  [Section 9 Subsection (2A) inserted by No. 35 of 2013, s. 17, Applied:01 May 2015] Without limiting subsections (1) and (2) , the person to whom the parole order relates may be dealt with under the laws of this State in relation to any breach of the conditions of the parole order that occurred after the person left the other State or Territory and before the parole order was registered under this Act.

(3)  For the purpose of subsection (2) , the appropriate court of this State in relation to a sentence of imprisonment is –

(a) where the sentence was imposed by a court of summary jurisdiction or by a court on appeal from such a court – a court of summary jurisdiction; and

(b) in any other case – the Supreme Court.

(4)  [Section 9 Subsection (4) omitted by No. 35 of 2013, s. 17, Applied:01 May 2015] .  .  .  .  .  .  .  .  

10.   Effect of transfer of parole order to another State or a Territory

(1)  On the registration under a corresponding law of a parole order that, immediately before that registration, was in force under a law of this State –

(a) [Section 10 Subsection (1) amended by No. 17 of 1996, Applied:10 Apr 2002] the parole order ceases to be in force in this State; and

(b) in the case of a parole order that was registered under this Act, the parole order ceases to be so registered; and

(c) [Section 10 Subsection (1) amended by No. 35 of 2013, s. 18, Applied:01 May 2015] each sentence of imprisonment to which the person to whom the parole order relates was subject immediately before the registration under the corresponding law ceases to have effect in this State; and

(d) [Section 10 Subsection (1) amended by No. 35 of 2013, s. 18, Applied:01 May 2015] proceedings against the person to whom the parole order relates may not be commenced or continued under the laws of this State in relation to any breach of the conditions of the parole order that occurred before it was registered under the corresponding law.

(2)  On the subsequent registration under this Act of a parole order in relation to which subsection (1) has, at any time, applied –

(a) paragraphs (a) and (c) of that subsection cease to apply in relation to the parole order; and

(b) [Section 10 Subsection (2) amended by No. 35 of 2013, s. 18, Applied:01 May 2015] the force and effect that the parole order, and each sentence of imprisonment to which the person to whom the parole order relates was subject, had under a law of this State immediately before its first registration under a corresponding law revive and continue while the parole order is registered under this Act.

PART 3 - [Part 3 Heading inserted by No. 35 of 2013, s. 19, Applied:01 May 2015] Reciprocal Arrangements for Administration of Tasmanian and Interstate Parole Orders

10A.   Ministerial arrangements for the administration of Tasmanian and interstate parole orders

[Section 10A Inserted by No. 35 of 2013, s. 20, Applied:01 May 2015]

(1)  The Minister may enter into arrangements with the designated authority of another State or a Territory so as to facilitate –

(a) the administration, within this State, of interstate parole orders made under a law of the other State or Territory; and

(b) the administration, within the other State or Territory, of Tasmanian parole orders, either in relation to particular Tasmanian parolees or interstate parolees or particular classes of Tasmanian parolees or interstate parolees.

(2)  Arrangements in accordance with subsection (1) may be entered into so as to facilitate –

(a) travel to the other State or Territory by Tasmanian parolees; and

(b) travel to Tasmania by interstate parolees of the other State or Territory.

(3)  The Registrar has, and may exercise, such powers, authorities, duties and functions as are necessary, under the relevant Ministerial arrangements, for the administration of interstate parole orders in relation to interstate parolees who are present in this State.

(4)  For the purposes of the laws of Tasmania with respect to parole, anything that is done in another State or a Territory –

(a) by the interstate prisons authority of that State or Territory; and

(b) in accordance with the relevant Ministerial arrangements; and

(c) in the administration of a Tasmanian parole order in relation to a Tasmanian parolee who is present in that State or Territory –

is taken to have been done pursuant to the laws of this State.

(5)  In this section –

interstate prisons authority, in relation to another State or a Territory, means the person or body having powers under the corresponding law of that State or Territory that correspond to those of the Registrar under subsection (3) .

10B.   Issue of interstate travel permit to Tasmanian parolee

[Section 10B Inserted by No. 35 of 2013, s. 20, Applied:01 May 2015]

(1)  This section applies to a Tasmanian parolee whose parole is subject to a condition (whether imposed by the parole order or otherwise) that prohibits the parolee from leaving this State without permission.

(2)  Permission to leave this State is to be granted, varied and revoked, and conditions of permission are to be imposed and varied, in accordance with the relevant Ministerial arrangements.

(3)  As soon as practicable after any permission referred to in subsection (2) is granted, the Director –

(a) must incorporate the terms and conditions of the permission in an interstate travel permit; and

(b) must issue a copy of the permit to the parolee; and

(c) must provide –

(i) a copy of the permit; and

(ii) such other documents or information about the parolee as are required or authorised to be sent under the relevant Ministerial arrangements –

to the interstate Director of each State or Territory to which the permit authorises travel.

(4)  As soon as practicable after the terms or conditions of any permission referred to in subsection (2) are varied, the Director –

(a) must incorporate the terms and conditions of the permission, as varied, in an amended interstate travel permit; and

(b) must issue a copy of the amended permit to the parolee; and

(c) must provide –

(i) a copy of the amended permit; and

(ii) such other documents or information as are relevant to the variation –

to the interstate Director of each State or Territory to which the permit authorises travel.

(5)  As soon as practicable after any permission referred to in subsection (2) is revoked, the Director must provide written notice of that fact to the parolee and to the interstate Director of each State or Territory to which the permit authorised travel.

(6)  An interstate travel permit ceases to have effect in a State or Territory to which it authorises travel –

(a) if written notice referred to in subsection (5) is provided to the interstate Director of that State or Territory (regardless of whether or not the parolee has received the notice); or

(b) if the parolee is arrested pursuant to a warrant issued under the corresponding law of that State or Territory; or

(c) if the timeframes for travel authorised by the travel permit lapse.

10C.   Effect of interstate travel permit issued to Tasmanian parolee

[Section 10C Inserted by No. 35 of 2013, s. 20, Applied:01 May 2015]

(1)  This section applies in respect of any period during which –

(a) an interstate travel permit is in force in respect of a Tasmanian parolee; and

(b) the Tasmanian parolee is present in a State or Territory to which the permit authorises travel.

(2)  For the purposes of the laws of Tasmania with respect to parole –

(a) the conditions of the interstate travel permit are taken to be substituted for the conditions of the relevant Tasmanian parole order; and

(b) any compliance or non-compliance by the parolee with the conditions of the interstate travel permit are taken to be compliance or non-compliance, as the case may be, with the conditions of the relevant Tasmanian parole order.

10D.   Powers exercisable in relation to interstate parolees

[Section 10D Inserted by No. 35 of 2013, s. 20, Applied:01 May 2015]

(1)  This section applies to an interstate parolee –

(a) who holds an interstate travel permit that authorises the parolee to travel to this State; and

(b) who is present in this State.

(2)  The Parole Board may issue a warrant for the parolee's arrest –

(a) if advised by the relevant interstate Director that the interstate travel permit is no longer in force in this State; or

(b) if of the opinion that the parolee has failed to comply with the conditions of the interstate travel permit.

(3)  A warrant under subsection (2) is sufficient authority for a local law enforcement officer –

(a) to arrest the parolee; and

(b) to convey the parolee to a place specified in the warrant (whether in this State or in another State or a Territory); and

(c) to deliver the parolee into the custody of an interstate law enforcement officer of the State or Territory in which the interstate travel permit was issued.

(4)  For the avoidance of doubt, a warrant issued under subsection (2) authorises a local law enforcement officer to convey the parolee within or across any other State or a Territory for the purpose of taking the parolee to a place specified in the warrant.

10E.   Powers of interstate law enforcement officers

[Section 10E Inserted by No. 35 of 2013, s. 20, Applied:01 May 2015] A warrant issued under the corresponding law of another State or a Territory that authorises a local law enforcement officer (within the meaning of that law) to convey an interstate parolee or Tasmanian parolee within or across this State for the purpose of taking the parolee to a place specified in the warrant has effect, in this State, according to its tenor.

10F.   Operation of Service and Execution of Process Act 1992 of the Commonwealth

[Section 10F Inserted by No. 35 of 2013, s. 20, Applied:01 May 2015] Nothing in this Act limits or otherwise affects the operation of the Service and Execution of Process Act 1992 of the Commonwealth.

PART 4 - [Part 4 Heading inserted by No. 35 of 2013, s. 21, Applied:01 May 2015] Miscellaneous

11.   Evidence

(1)  An instrument in writing that purports to be a copy of a memorandum endorsed on a parole order on a specified date under section 8 (1) and to have been signed by the Registrar is, until the contrary is proved, evidence that the parole order was registered under this Act on that date.

(2)  A parole order made under a law of another State or a Territory and registered under this Act may be received in evidence in any court without further proof by the production of a copy of the parole order certified as a true copy by the Registrar, and such a copy is, until the contrary is proved, evidence of the matters stated in the parole order.

11A.   Use of documents and information

[Section 11A Inserted by No. 35 of 2013, s. 22, Applied:01 May 2015]

(1)  For the purpose of making a determination or exercising a discretion under this Act, or for the purpose of complying with any obligations imposed by the relevant Ministerial arrangements under Part 3 , the Minister –

(a) may inform himself or herself as the Minister thinks fit including, in particular, by reference to relevant documents and information –

(i) forwarded to the Minister by the designated authority of another State or a Territory; or

(ii) obtained in the course of investigations carried out in this State in connection with the making of the determination or the exercise of the discretion; and

(b) may provide any of those documents or that information (including any personal information about the person to whom a parole order relates) to any government agencies or other persons that may be directly affected by that person's presence in the State or Territory in which the parole order is, or is proposed to be, registered.

(2)  This section does not authorise the disclosure of information about a person to whom a parole order relates unless the person –

(a) has given consent to, or has requested, the registration of the parole order under this Act or under the relevant corresponding law (as the case requires), and has not withdrawn that consent or request; or

(b) is present in the State or Territory in which the parole order is, or is proposed to be, registered; or

(c) has applied for permission to travel to that State or Territory.

(3)  A person who has given consent to, or has requested, the registration of a parole order, as referred to in subsection (2)(a) , may withdraw the consent or request at any time before (but not after) the parole order is registered.

12.   Delegation

(1)  [Section 12 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 12 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ]The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a State Service officer or State Service employee such of his powers under this Act (other than this power of delegation) as are specified in the instrument, and may, by a similar instrument, revoke wholly or in part any such delegation.

(2)  A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister.

(3)  A delegation under this section does not prevent the exercise of a power by the Minister.

13.   Regulations

The Governor may make regulations for the purposes of this Act.