Sentencing (Release on Licence) Amendment Bill

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 3, page 3, line 3 [clause 3(1), inserted subsection (1a)(b)]—Before 'infirmity' insert 'permanent'

No. 2. Clause 3, page 3, after line 3—Insert:

(1b) Section 58—after subsection (4) insert:

(4a) The Supreme Court, when determining an application under this section, must not have regard to the length of time that the person subject to the order may spend in custody if the order is not discharged.

No. 3. Clause 4, page 3, line 18 [clause 4(1), inserted subsection (1a)(b)]—Before 'infirmity' insert 'permanent'

No. 4. Clause 4, page 3, after line 18—Insert:

(1b) Section 59—after subsection (4) insert:

(4a) The Supreme Court, when determining an application under this section, must not have regard to the length of time that the person has spent in custody or may spend in custody if the person is not released on licence.

No. 5. Clause 4, page 3, after line 18—Insert:

(1c) Section 59(10)(b)—delete 'the person has contravened, or is likely to contravene, a condition of the licence.' and substitute:

—

(i) in the case of a person released on licence on the ground referred to in subsection (1a)(b)—there is evidence suggesting that the person may now present an appreciable risk to the safety of the community (whether as individuals or in general); or

(ii) in any case—the person has contravened, or is likely to contravene, a condition of the licence.

No. 6. Clause 11, page 5, line 33 [clause 11, inserted Schedule 2, clause 1(5)(b)]—Before 'infirmity' insert 'permanent'

No. 7. Clause 11, page 6, after line 23 [clause 11, inserted Schedule 2, clause 1(8)]—After paragraph (c) insert:

(ca) evidence tendered to the Court of the estimated costs directly related to the release of the person on licence;

No. 8. Clause 11, page 6, after line 26 [clause 11, inserted Schedule 2, clause 1]—After subclause (8) insert:

(8a) The Supreme Court, when determining an application under this clause, must not have regard to the length of time that the person has spent in custody or may spend in custody if the person's release on licence is cancelled or not confirmed.

Consideration in committee.

The Hon. J.A.W. GARDNER: I move:

That the Legislative Council's amendments be agreed to.

The government thanks the Legislative Council for its consideration and contemplation. I particularly thank the members of the Legislative Council who sided with the government in relation to some opposition amendments, which, we are advised by the Solicitor-General, would have given rise to a potential constitutional challenge, as it would have been an issue between the powers of the Supreme Court and the Parole Board. The amendments that have been supported are in addition to the bill. There are some opposition amendments that the government viewed as having no detriment to the bill. Therefore, I am able to advise the house that we are happy to accept all the amendments.

Mr PICTON: I am pleased that the government is saying it will accept all the amendments. We think this is a very important bill, and we are glad that it is being treated with much haste in getting through this parliament.

Motion carried.