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Corrective Services Bill 2006
Corrective Services Bill 2006
Explanatory Notes for Amendments to be
moved during consideration in detail by the
Honourable Judy Spence MP
Title of the Bill
Corrective Services Bill 2006
Objectives of the Amendments
The amendments are intended to:
· clarify the operation of certain provisions of the Bill; and
· correct technical and drafting matters in the Corrective Services Bill
2006 (the Bill); and
· amend the Freedom of Information Act 1992 to restrict an offender's
access to recordings made for security purposes to ensure the safety of
the community and the security of corrective services facilities.
Consistency with Fundamental Legislative Principles
The amendments seek to clarify the operation of certain provisions of the
Bill and are consistent with fundamental legislative principles.
The amendments in relation to the Freedom of Information Act 1992
provide that an offender is not entitled to access recordings, or transcripts
of recordings made under the freedom of information regime that are
created by the Department of Corrective Services for security purposes.
This may raise issues regarding consistency with Fundamental Legislative
Principles in that offenders will not be entitled to receive personal
information about themselves. However, it is considered that the public
interest in maintaining the security and good order of corrective services
facilities outweighs the right of offenders to obtain audio or visual
recordings of themselves where the recordings are brought into existence
for security purposes.
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Corrective Services Bill 2006
Although the amendments will not allow offenders or their agents to access
recordings through the freedom of information regime, offenders will still
retain the ability to request access to recordings by subpoena if the
recordings are necessary and relevant to court proceedings.
Consultation
The Office of the Queensland Parliamentary Counsel, the Department of
the Premier and Cabinet and the Department of Justice and Attorney-
General has been consulted in preparing the amendments.
Notes on Provisions
Amendments 1 and 2 amend clause 181 to clarify the parole eligibility for a
prisoner serving a term of imprisonment for life. For example, a prisoner
who is serving a term of imprisonment of ten years may be sentenced to a
term of imprisonment for life after serving four years of the ten years. The
prisoner is eligible for parole on the day after the day that the prisoner has
served 15 years from the commencement of the term of imprisonment for
life.
Amendment 3 amends clause 184 and provides for the parole eligibility of
prisoners not mentioned in clauses 181 to 183.
As stated in clause 207, a prisoner who has had a court ordered parole order
cancelled must apply to a regional parole board for any subsequent grant of
parole.
The amendment to clause 184 clarifies the parole eligibility date for a
prisoner who has had a court ordered parole cancelled. The date that was
fixed for the prisoner's release to court ordered parole is the prisoner's
parole eligibility date unless a court has fixed a parole eligibility date under
the Penalties and Sentences Act 1992.
The amendment also clarifies the parole eligibility date for a prisoner who
has been ordered to serve imprisonment under section 147(1) (b) or (c) of
the Penalties and Sentences Act 1992. The prisoner is eligible to apply for
parole the day after the day on which the prisoner has served half the period
of imprisonment to which the prisoner has been sentenced. unless a parole
eligibility date is fixed under the Penalties and Sentences Act 1992.
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Corrective Services Bill 2006
Amendment 5 amends clause 187 to clarify that not all "existing reportable
offenders" within the meaning of the Child Protection (Offender
Reporting) Act 2004 must apply to the Queensland Parole Board for parole.
Those prisoners who are existing reportable offenders because they were
subject to a reporting order made under section 19 of the Criminal Law
Amendment Act 1945 must apply for parole to the Queensland Parole
Board. All other reportable offenders serving less than eight years may
apply for parole to a regional parole board.
Amendment 6 corrects a typographical error.
Amendments 7 and 8 amend clause 201 and clarify that an order
suspending a parole order for not more than 28 days takes effect from the
day the order is made. This is because it is not always possible to give a
prisoner a copy of the order because a suspension order can be made when
a prisoner fails to report to a corrective services officer as required or if a
prisoner absconds.
Amendment 9 amends clause 205 and to remove any doubt makes clear
that a parole board is not required to give the prisoner an information notice
or reasonable opportunity to be heard if the parole board suspends or
cancels the prisoner's parole order. In practice, it is not usually possible to
give a prisoner an opportunity to be heard in relation to a suspension or
cancellation of a parole order. This is because a suspension or cancellation
order can be made when a prisoner fails to report to a corrective services
officer as required, absconds or is preparing to abscond, because the
prisoner poses a serious risk of harm to someone or an unacceptable risk of
committing an offence. A review provision is contained in clause 208. A
prisoner whose parole order has been suspended or cancelled must be given
an information notice when they are returned to custody inviting the
prisoner to show cause, why the board should change its decision.
Amendment 10, 11 and 12 amend clause 357 and 441 and insert a new
clause 431A to provide for the transitional arrangements for post-prison
community based release orders amended, suspended or cancelled under
the Corrective Services Act 2000.
Amendment 13 amends clause 471 that provides for the expiry of the
corrective services rules. The rules continued in force as regulations under
section 272 of the Act and as such are required to be published. The
amendment declares that a number of the rules that contain security
information not suitable for publication are not required to be published.
Amendments 14 and 25 amend the Freedom of Information Act 1992 (FOI
Act). Clause 478B amends section 11E of the FOI Act to clarify that the
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Corrective Services Bill 2006
application of section 11E to offenders extends to the agent of an offender.
In addition, it is also made clear that prisoners detained under the
Dangerous Prisoners Sexual Offenders Act 2003 are offenders and
therefore not able to access risk assessment documents by making a
freedom of information application.
Section 11E of the FOI Act has also been amended to provide that an
offender is not entitled to access the following recordings made for security
purposes:-
· a telephone call made by an offender from a corrective services
facility;
· an audio recording taken in a corrective services facility for the
security or good order of the facility;
· a visual recording of a corrective services facility or a part of a
corrective services facility.
These recordings are necessary to maintain the security and good order of
corrective services facilities. A restriction on access to these recordings
through the freedom of information will stop prisoners from demanding
access to security and intelligence information used to prevent escapes
from custody and to prevent the entry of contraband into corrective services
facilities.
Amendment 15 amends clause 488 to clarify that a proper officer of a court
must make a record of the order committing the offender into custody and
then give a copy of the record to the chief executive.
Amendments 16 to 24 amend clause 493 of the Bill to remove any doubt
about the application of Part 9 Division 3 of the Penalties and Sentences
Act 1992. The amendment makes it clear that the requirement to fix either a
parole release date or a parole eligibility date does not apply to suspended
sentences, intensive correction orders or orders for imprisonment and
probation under section 92(1) (b) of the Penalties and Sentences Act 1992.
The amendment also clarifies that when a court fixes a parole release date
or parole eligibility date for an offender who is already serving a period of
imprisonment, the new date can not be earlier in time than the current
parole release date or parole eligibility date. The clause has been amended
to include more examples to guide the application of the provisions.
An amendment to section 160G of the Penalties and Sentences Act 1992
clarifies the courts ability to fix a parole release date. An offender is
required to report to a probation and parole office and obtain a copy of the
court ordered parole order if the date of sentence is the date fixed as a
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Corrective Services Bill 2006
prisoner's parole release date. This may occur where a prisoner has spent a
significant period in pre-sentence custody on remand for an offence and
requires ongoing supervision on parole. The amendment makes clear that a
failure to report to a probation and parole office as required, renders the
offender unlawfully at large and a warrant may issue for the offender's
immediate arrest and return to custody.
Amendments 26 to 29 add the definitions of corrections board and early
discharge to the Dictionary and add to the definitions of leave of absence
and unlawfully at large.
© State of Queensland 2006