CORRECTIONAL SERVICES (MISCELLANEOUS) AMENDMENT BILL

Final Stages

The House of Assembly agreed to amendments Nos 3 and 4 made by the Legislative Council without any amendment; and disagreed to amendments Nos 1, 2, 5 and 6 as indicated in the following schedule:

No. 1. Clause 14, page 6, line 21 [clause 14(2), inserted subsection (4)(b)]—

After 'suspected' insert: on reasonable grounds

No. 2. Clause 22, page 10, line 32 [clause 22, inserted section 35A(3)(a)]—

Delete 'who represents the prisoner' and substitute:

acting in his or her professional capacity

No. 5. Clause 41, page 15, after line 13—After subclause (2) insert:

(3) Section 67—after subsection (7) insert:

(7a) The Governor must, not more than 30 days after refusing to order that a prisoner be released from prison on parole, notify the prisoner in writing of—

(a) the refusal; and

(b) the reasons for the refusal; and

(c) any matters that might assist the prisoner in making any further application for parole.

(7b) Despite subsection (7a)(b) and (c), the Governor is not required to disclose to the prisoner any reason or matter if any such disclosure is likely to give rise to a significant risk to public safety.

No. 6. Clause 49, page 19, line 1 to page 20, line 5 [clause 49, inserted sections 76A and 76B]—

Delete sections 76A and 76B and substitute:

76A—Apprehension etc of parolees on application of CE or police officer

(1) If the CE or a police officer suspects on reasonable grounds that a person who has been released on parole may have breached a condition of parole, the CE or police officer may apply to—

(a) the presiding member or deputy presiding member of the Board; or

(b) if, after making reasonable efforts to contact the presiding member and deputy presiding member, neither is available—to a magistrate,

for the issue of a warrant for the arrest of the person.

(2) A warrant issued under this section authorises the detention of the person in custody pending appearance before the Board.

(3) A magistrate must, on application under this section, issue a warrant for the arrest of a person or for the arrest and return to prison of a person (as the case may require) unless it is apparent, on the face of the application, that no reasonable grounds exist for the issue of the warrant.

(4) If a warrant is issued by a magistrate under this section—

(a) the CE or police officer (as the case requires) must, within 1 working day of the warrant being issued, provide the Board with a written report on the matter; and

(b) the warrant will expire at the end of the period of 2 working days after the day on which the report is provided to the Board; and

(c) the presiding member or deputy presiding member of the Board must consider the report within 2 working days after receipt and—

(i) issue a fresh warrant for the continued detention of the person pending appearance before the Board; or

(ii) cancel the warrant, order that the person be released from custody and, if appearance before the Board is required, issue a summons for the person to appear before the Board.

(5) If a warrant expires under subsection (4)(b) or a fresh warrant is not issued under subsection (4)(c)(i), the person must be released from detention.

(6) The Board may, if it thinks there is good reason to do so, by order, cancel a warrant issued under this section that has not been executed.

Consideration in committee.

The Hon. I.K. HUNTER: I move:

That the Legislative Council does not insist on its amendments opposed by the House of Assembly.

I can inform members that the government in the lower house has opposed four of the six amendments put forward by this house to the Correctional Services (Miscellaneous) Amendment Bill 2011. In relation to amendment No. 1, section 28(4)(b), the government has opposed this amendment as it does nothing to strengthen the wording of the original bill. In relation to amendment No. 2, section 35A(3)(a), the government has opposed this amendment as it could potentially be misused by those not acting in the interests of the prisoner.

In relation to amendments Nos 3 and 4, section 66(2)(aa) and section 66(2)(ad), the government has accepted these amendments as they improve arrangements in relation to those who breach parole conditions, not allowing them the privilege of automatic parole. In relation to amendment No. 5, section 67(7a) and (7b), the government has opposed this amendment as it was never the intention of the act to provide reasons to the prisoner for their refusal of release by the Governor in Executive Council

In relation to amendment No. 6, section 76A, the government has opposed its amendment as it significantly waters down the intention of the original bill, which was proposed to improve procedures around issuing warrants and ensuring SAPOL has the powers to prevent crimes from occurring through suspected breaches of parole conditions. The government looks forward to resolving the difference in positions through the deadlock conference process.

The Hon. S.G. WADE: I would urge the council to insist on its amendments. They were well argued and well structured. The minister has moved that we do not insist, and I urge councillors to reject that suggestion.

Motion negatived.