Parole Orders (Transfer) Act 1983

Version No. 030

Parole Orders (Transfer) Act 1983

No. 9960 of 1983

Version incorporating amendments as at
23 September 2015

table of provisions

Section Page

Part 1—Preliminary 1

1 Short title 1

2 Commencement 1

3 Definitions 1

3A Corresponding law 3

3B Validation 3

4 Registrar of Transferred Parole Orders 4

Part 2—Registration of Parole Orders 5

5 Requests for registration of transferred parole orders 5

6 Documents to accompany requests 6

7 Matters to which Minister to have regard 7

8 Registration 7

9 Effect of registration 8

10 Effect of transfer of parole order 9

Part 3—General 11

11 Evidence 11

11A Use of documents and information 11

12 Delegation 12

13 Regulations 13

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Endnotes 14

1 General information 14

2 Table of Amendments 16

3 Amendments Not in Operation 18

4 Explanatory details 19

Version No. 030

Parole Orders (Transfer) Act 1983

No. 9960 of 1983

Version incorporating amendments as at
23 September 2015

An Act relating to the reciprocal Enforcement of Parole Orders.

Part 1—Preliminary

Parole Orders (Transfer) Act 1983
No. 9960 of 1983

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

Pt 1 (Heading) inserted by No.10/2013 s.39.

Part 1—Preliminary

1 Short title

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

2 Commencement

The several provisions of this Act shall come into operation on the day or on the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.

3 Definitions

In this Act, unless the contrary intention appears—

S.3 def. of correspond-ing law substituted by No.41/2015 s.44.

corresponding law means a law of another State or a Territory relating to the transfer of parole orders that—

(a) corresponds, or substantially corresponds, to this Act; or

(b) is declared by the Minister to be a corresponding law for the purposes of this Act;

S.3 def. of designated authority amendedby No.10/2013 s.40(1).

designated authority means, in relation to another State or a Territory of the Commonwealth, the person (other than a body corporate) having powers under the corresponding law of that State or Territory that correspond to those of the Minister under section 5;

S.3 def. of international prisoner insertedby No.67/1998 s.10.

international prisoner means a person who is serving a sentence of imprisonment in Australia in accordance with the International Transfer of Prisoners Act 1997 of the Commonwealth;

S. 3 def. of Parole Board amended by No. 117/1986 s. 6 (Sch. 1 item 5(2)(a)).

Parole Board means the Adult Parole Board constituted under the Corrections Act 1986;

S. 3 def. of parole order amended by Nos 117/1986 s. 6(Sch. 1 item 5(2)(b)), 72/2004 s.43, 10/2013 s.40(2).

parole order means a parole order in force under Part 8 of the Corrections Act 1986 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 of or over the age of 18 years from imprisonment or lawful detention, being an authority that has the effect of or is deemed to be an order for the release of a person upon parole; and

(b) such a parole order or authority as varied from time to time; and

(c) a prospective parole order or a prospective authority of the kind referred to in paragraph(a) or(b), but only for the purposes of making or dealing with a request under section5;

Registrar means the Registrar of Transferred Parole Orders;

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

S.3A insertedby No.41/2015 s.45.

3A Corresponding law

The Minister, by notice published in the Government Gazette, may declare a law of another State or a Territory relating to the transfer of parole orders to be a corresponding law for the purposes of this Act.

S.3B insertedby No.41/2015 s.45.

3B Validation

(1) Anything done under this Act on or after 1May 1984 and before 21 October 2014 in relation to a parole order made under a law of another State or a Territory whose law relating to the transfer of parole orders had not been declared at that time to be a corresponding law has the same effect, and gives rise to the same consequences, and is to be regarded as always having had the same effect and having given rise to the same consequences, as if the law of that State or Territory relating to the transfer of parole orders had been declared to be a corresponding law for the purposes of this Act.

(2) Any act or thing done or omitted to be done, whether under a power conferred by or under an enactment or otherwise, in reliance, directly or indirectly, on a parole order referred to in subsection (1) made under the law of another State or Territory is not invalid by reason only of the fact that, but for subsection (1), the law of that State or Territory relating to the transfer of parole orders was not a corresponding law.

(3) For the purposes of subsection (2), an act or thing may be done or omitted to be done before or after the commencement of section44 of the Corrections Legislation Amendment Act 2015 and includes but is not limited to a proceeding for a breach of the conditions of the parole order and any penalty imposed.

S. 4
amended by Nos 46/1998
s. 7(Sch. 1), 108/2004 s.117(1) (Sch.3 item150).

4 Registrar of Transferred Parole Orders

Subject to the Public Administration Act 2004, there shall be a Registrar of Transferred Parole Orders.

Pt 2 (Heading) inserted by No.13/2013 s.41.

Part 2—Registration of Parole Orders

5 Requests for registration of transferred parole orders

S.5(1) amended by No.10/2013 s.42(1).

(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 made under a law of that State or Territory.

S.5(2) amended by No.10/2013 s.42(2).

(2) 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 State or Territory.

S.5(3) inserted by No.10/2013 s.42(3).

(3) 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 (asthe 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.

S.5(4) inserted by No.10/2013 s.42(3).

(4) 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 State or Territory, the Minister shall cause to be sent to the designated authority—

(a) the parole order to which the request relates together with any variations of the order;

S. 6(1)(b) amended by No. 16/1991 s.43(1).

(b) the judgment, order, warrant or other instrument by virtue of which the person to whom the parole order relates became liable to undergo the imprisonment to which the parole order relates;

S. 6(1)(d) amended by Nos 44/1991, s.7(1), 49/1991 s.119(7) (Sch.4 item15).

(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 State or Territory, including all documents that were before the body making the parole order, details of convictions, sentences of imprisonment, non-parole periods of imprisonment, periods of imprisonment served, class of prisoner, reductions of sentence earned and other grants of parole.

S.6(2) amended by No.10/2013 s.43(1).

(2) A reference in subsection (1) (other than a reference in paragraph (a) of subsection (1)) 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.

S.6(3) inserted by No.10/2013 s.43(2).

(3) 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.

S.7 substituted by No.10/2013 s.44.

7 Matters to which Minister to have regard

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;

(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

S. 8(1)(b) amended by No. 16/1991 s.43(2).

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

S.8(1A) inserted by No.10/2013 s.45.

(1A) 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 paragraph (b) of subsection (1); 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) 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;

(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

S.9(2A) inserted by No.10/2013 s.46(1).

(2A) Without limiting subsections (1) and (2), the person to whom the parole order relates may be dealt with under the law of this State in relation to any breach of the conditions of the parole order that occurred before it was registered under this Act.

S.9(3) substitutedby Nos67/1998 s.11, 10/2013 s.46(2).

(3) For the purposes of subsection (2), the appropriate court of this State is—

(a) if the sentence of imprisonment referred to in subsection (2)(a) was imposed by a court of summary jurisdiction or by a court on appeal from a court of summary jurisdiction, the Magistrates' Court; and

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

S.9(4) repealed by No.10/2013 s.46(3).

* * * * *

10 Effect of transfer of parole order

(1) Upon 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) the parole order ceases to be in force in this State;