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Corrective Services (Parole Board) and Other Legislation Amendment Bill 2017
Corrective Services (Parole Board) and
Other Legislation Amendment Bill 2017
Explanatory Notes
Short title
The short title of the Bill is the Corrective Services (Parole Board) and Other
Legislation Amendment Bill 2017.
Policy objectives and the reasons for them
The primary objective of the Corrective Services (Parole Board) and Other Legislation
Amendment Bill 2017 (the Bill) is to amend the Corrective Services Act 2006 to
establish the Parole Board Queensland.
The Bill also makes technical and clarifying amendments to the Corrective Services
Act to facilitate the electronic monitoring of persons released to parole; whether court
ordered parole or board ordered parole.
The Bill delivers on key recommendations under the Queensland Parole System
Review Report (the review report) in terms of parole board considerations.
The Queensland Parole System Review
On 9 August 2016, the Queensland Government announced an independent review of
Queensland's parole system to be undertaken by Mr Walter Sofronoff QC (the parole
review), following widespread community disquiet and concern regarding the adequacy
of the current parole system in protecting Queenslanders in the wake of a highly
publicised murder allegedly committed by a paroled prisoner.
The Terms of Reference of the parole review stated the Queensland Government's
commitment to a corrective services system that delivers community safety and crime
prevention through the humane containment, supervision and rehabilitation of
offenders. To ensure Queensland's parole system operates as effectively as possible
now and into the future, the parole review was, inter alia, focused on the effectiveness
of the parole boards' current operations including decision making, structure,
membership; transparency of parole board decision making; and adequacy of existing
accountability mechanisms for the parole boards and other mechanisms that ensure
parole board decisions appropriately address risk to the community and victims, and
successful offender re-integration into the community.
On 1 December 2016, the review report was delivered by Mr Sofronoff to Government.
The review report makes 91 recommendations for complete reform of Queensland's
parole system. The recommendations relate to nine broad categories: legislative
framework and sentencing; assessment and management of offenders; rehabilitation,
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Corrective Services (Parole Board) and Other Legislation Amendment Bill 2017
mental health and substance misuse treatment; re-entry services; the parole board;
management of offenders in the community; victims; independent prison and parole
inspectorates; and technology and infrastructure. The review report provides a
comprehensive blueprint for reform.
On 16 February 2017, the Honourable Annastacia Palaszczuk MP, the Premier and
Minister for the Arts, tabled the review report in the Legislative Assembly.
Parole Board
Currently, three parole boards operate in Queensland - the Queensland Parole Board
and two regional parole boards.
The Queensland Parole Board decides applications for parole from prisoners who have
been sentenced to a period of imprisonment of eight or more years, or who have been
declared to be convicted of a Serious Violent Offence under Part 9A of the Penalties
and Sentences Act 1992.
Two regional parole boards, the Central and Northern Queensland Regional Parole
Board and the Southern Queensland Regional Parole Board, decide applications for
parole orders from all other prisoners.
The review report found systemic inefficiencies in the current operation of the three
existing parole boards; and that the current parole system in Queensland can be
substantially improved.
The review report recommends, to ensure the safety of the community, and the proper
and efficient operation of the parole system in Queensland, the parole board must be
modernised and professionalised. In particular, the concerns of Mr Sofronoff regarding
the parole boards are specifically addressed at recommendations 35 to 61 - the key
recommendations include the:
creation of a single parole board in Queensland to hear all applications for board
ordered parole and which will supplant the three existing parole boards provided
for under the Corrective Services Act (recommendation 35);
appointment of a full-time President and Deputy President, each of whom are a
retired judge of a state or Federal court (recommendation 36);
appointment of at least two full-time professional member positions
(recommendation 37);
appointment of community members to the parole board in such number as the
Governor-in-Council appoints from time to time (recommendation 40);
appointment of a police officer to be part of the membership of the new parole
board and a public service officer with experience or expertise in probation and
parole (recommendations 44);
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Corrective Services (Parole Board) and Other Legislation Amendment Bill 2017
importance of diversity in membership, including gender balance, and the need
for representation by Aboriginal people or Torres Strait Islanders, in
establishing the new parole board membership (recommendations 39, 41 and
42); and
establishment of a dedicated Secretariat to support the new parole board in the
performance of its statutory functions (recommendation 54); and
distinction to be made between decision-making about a prisoner incarcerated
for a serious violent offence or a serious sexual offence; as compared to all other
prisoners (recommendations 45 and 46).
Electronic monitoring of parolees
Recommendation 60 of the review report also identifies that the application of GPS
monitoring of paroled offenders in appropriate circumstances, based on assessed risk,
could assist in both improving the re-integration of parolees into the community and
reducing reoffending.
Achievement of policy objectives
Parole Board
The Bill achieves the policy objectives through the establishment of one centralised,
independent and professional parole board - the Parole Board Queensland; together
with significant changes to the membership and structure as compared to the existing
parole boards, and its operation.
The Bill provides that the Parole Board Queensland in effect supplants the three existing
parole boards operating in Queensland. The Parole Board Queensland will be solely
responsible for all decision-making with respect to board parole in Queensland.
Upon commencement of the Bill, the three existing parole boards are dissolved and the
members of the three boards go out of office.
Membership: The Bill provides that the Parole Board Queensland is to be led by a full-
time President and at least one full-time Deputy President. It will also include at least
two full time professional members, who may be drawn from a diversity of
backgrounds and who have university or professional qualifications relevant to the
functions of the parole board (for example, but not limited to, lawyers, medical
practitioners and psychiatrists).
Appointment to each of these positions is by the Governor-in-Council, upon the
recommendation of the Minister. For the President and Deputy President, the Minister
must consult with the relevant Parliamentary Committee about the proposed
appointment; and for the professional members the Minister must consult with the
President of the Parole Board Queensland.
The President must be a former judge of a state or federal court; or have qualifications,
experience or standing that the Governor-in-Council considers equivalent to that of a
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Corrective Services (Parole Board) and Other Legislation Amendment Bill 2017
judge of a state or Commonwealth court. The Bill also provides that the Deputy
President may be a former Magistrate.
In recognition of the significance and stature of these new roles, and the calibre of the
appointees, the salaries, allowances and entitlements of the President and Deputy
President will be based on a Supreme Court judge and District Court judge,
respectively; and both positions will have a pension entitlement similar to (but not
identical to) that of a Supreme Court or District Court judge, respectively.
The Bill ensures that service as the President or Deputy President will count as service
as a judge in respect of a former judge who is appointed to the role for the purpose of
judicial pension entitlements.
The Bill also provides that the membership of the Parole Board Queensland will include
at least one police representative nominated by the Commissioner of Police; as well as
at least one public service representative nominated by the chief executive, who has
expertise or experience in probation and parole matters.
Additionally, the Queensland community will be represented on the Parole Board
Queensland in the form of community board members - who will be appointed by the
Governor-in-Council on the recommendation of the Minister and on the terms and
conditions set out in the instrument of appointment. In making the recommendation,
the Minister must consult with the President. The community members may be part-
time or full-time appointees.
As emphasised in the review report, the Bill ensures appropriate representation of
Aboriginal people or Torres Strait Islanders and for balanced gender representation in
the membership of the new board.
Secretariat support: The Bill expressly provides for the establishment of a dedicated
secretariat, whose role will be to support the Parole Board Queensland in the
performance of its functions. The Bill makes it clear that these officers are public
service employees.
Composition of the Board for certain matters: The Bill distinguishes between a meeting
of the Parole Board Queensland where the board is to consider an application for a
parole order, or the amendment, suspension or cancellation of a parole order for a
prescribed prisoner (as set out below), as compared to all other prisoners. That is, a
prescribed prisoner is a prisoner:
imprisoned for a serious violent offence (as defined under the Corrective
Services Act) or a serious sexual offence (as defined under the Dangerous
Prisoners (Sexual Offenders) Act 2003; or
imprisoned for an offence committed with the Serious Organised Crime
circumstance of aggravation (under section 161Q of the Penalties and Sentences
Act); or
mentioned in section 181 (Parole eligibility date for prisoner serving term of
imprisonment for life), section 181A (Parole eligibility date for prisoner serving
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term of imprisonment for life for a repeat serious child sex offence), section
182A (Parole eligibility date for prisoner serving term of imprisonment for other
particular serious offences), section 183 (Parole eligibility date for prisoner
detained for a period directed by a judge under Criminal Law Amendment Act
1945, Pt 3) or section 185B (Parole eligibility date for prisoners serving term of
imprisonment for an offence against weapons Act 1990, s.50, 50B or 65) of the
Corrective Services Act.
For this most serious cohort of prisoners, the Parole Board Queensland must be
comprised of at least five members and those sitting at the meeting must include: the
President or Deputy President; a professional board member; a community board
member; a public service representative and a police representative.
For all other cases, the Bill provides that the Parole Board is to be comprised of at least
three members and one of those members must be a professional member and another
a community member (the professional member is to preside at the meeting in the
absence of the President or Deputy President).
Transitional arrangements: The Bill includes provisions to make the necessary
arrangements to transition from the three existing parole boards to the new Parole Board
Queensland, for example: the dissolution of the existing three parole boards, their
membership and the secretaries to the three boards; and to maintain the validity of all
decisions, orders, requirements and directions etc. made by the existing three parole
boards by ensuring that those matters are to be taken to have been made by the Parole
Board Queensland.
Electronic monitoring of parolees
The Bill makes a clarifying amendment to the Corrective Services Act to ensure that
corrective services officers are able to monitor parolees via electronic devices. The Bill
provides that:
a parole order may contain a condition that the prisoner must follow directions
given by a corrective services officer that may restrict the prisoner or enable the
prisoner to be monitored; and
a corrective services officer may give a direction to a prisoner to:
- remain at a stated place for stated periods (a curfew direction); and
- wear a stated device and permit the installation of a device or equipment at
the place where the released prisoner resides (a monitoring direction);
Failure to comply with these directions can be actionable as a breach of parole.
Alternative ways of achieving policy objectives
There are no alternative ways of achieving the policy objectives other than through
legislative amendment.
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Estimated cost for government implementation
The costs associated with the amendments will be determined through normal
budgetary processes.
Consistency with fundamental legislative principles
The Bill is generally consistent with fundamental legislative principles. Potential
breaches of fundamental legislative principles are addressed below:
Whether legislation has sufficient regard to rights and liberties of
individuals depends on whether, the legislation is consistent with the
principles of natural justice Legislative Standards Act 1992, section 4(3)(b).
Clause 11 of the Bill inserts new section 208B (Prescribed board member may suspend
parole order and issue warrant) into the Corrective Services Act. This provision
potentially breaches the principle that legislation must have sufficient regard to the
rights and liberties of individuals by not providing natural justice to the prisoner as it
does not require the prescribed board member to provide any prior notice to the prisoner
or provide any right for the prisoner to be heard in respect of the member's deliberation
of the matter.
It is considered that this imposition is justified as the prescribed board member may
only suspend the parole order if the member is satisfied of limited and specific
circumstances, namely that the person has, (a) failed to comply with the parole order,
or (b) poses a serious and immediate risk of harm to another person, or (c) poses an
unacceptable risk of committing an offence, or (d) is, without the necessary approval,
preparing to leave the State.
Legislation allows the delegation of administrative power only in
appropriate cases and to appropriate persons - Legislative Standards Act
1992, section 4(3)(c)
Clause 14 of the Bill inserts new section 490T (Transitional regulation-making power)
into the Corrective Services Act. This provision potentially breaches the principle that
administrative power is to be delegated in appropriate cases and to appropriate
person(s) by allowing a regulation to provide for transitional provisions. This
delegation of power is however necessary to ensure for the comprehensive and effective
establishment of the Parole Board Queensland and the secretariat. Section 490O also
contains a sunset provision so as to limit the use of the transitional regulation-making
power to a year after commencement. This is an important safeguard on the use of this
power.
Consultation
In undertaking the parole review, Mr Sofronoff consulted with many people working
at all levels of the corrections and parole system, attended several meetings of the
boards in Queensland, reviewed many recent parole board files, interviewed current
and former members of parole boards in Queensland, and spoke with researchers and
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clinicians with experience in actuarial risk assessment and the treatment and
management of offenders. Submissions as to the operation of the parole boards in
Queensland were also received by Mr Sofronoff from groups and people with a diverse
range of experiences with the parole system. Mr Sofronoff also undertook a cross-
jurisdictional comparison, which included attending sittings of the Victorian Adult
Parole Board and the New South Wales Parole Authority (refer to page 162 of the
review report).
Consistency with legislation of other jurisdictions
The Bill is specific to the State of Queensland, and is not uniform with or
complementary to legislation of the Commonwealth or another state.
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Corrective Services (Parole Board) and Other Legislation Amendment Bill 2017
Notes on provisions
Part 1 Preliminary
Short Title
Clause 1 states that, when enacted, the Bill will be cited as the Corrective Services
(Parole Board) and Other Legislation Amendment Act 2017.
Commencement
Clause 2 states that other than sections 6, 7 and 8, the Act is intended to commence on
a day to be fixed by proclamation. Sections 6, 7 and 8 of the Act will commence on
assent.
Part 2 Amendment of Corrective Services Act 2006
Act amended
Clause 3 states that this Part amends the Corrective Services Act 2006.
Omission of s 187 (Which parole board may hear and decide application)
Clause 4 omits section 187 (Which parole board may hear and decide application).
This amendment is consequential to the creation of a single parole board in clause 12.
Amendment of s 193 (Decision of parole board)
Clause 5 amends section 193 (Decision of parole board).
Sub clause (1) amends section 193(1) to omit reference to multiple parole boards. This
amendment is consequential to the creation of a single parole board in clause 12.
Sub clause (2) amends section 193(3)(a) to reduce the period within which the parole
board must decide a deferred application from 210 days to 150 days.
Sub clause (3) amends section 193(3)(b) to reduce the period within which the parole
board must decide an application, other than a deferred application, from 180 days to
120 days.
Amendment of ch 5, pt 1, div 4, hdg (Conditions of parole)
Clause 6 amends the Chapter 5, part 1, division 4, heading (Conditions of parole) so
that it reads: Conditions of parole and directions to prisoners. This is amendment is
consequential to clause 8, the insertion of new section 200A (Directions to prisoners
subject to parole order).
Amendment of s 200 (Conditions of parole)
Clause 7 makes an amendment to section 200 (Conditions of parole) which is
consequential to clause 8 of the Bill, the insertion of new section 200A (Directions to
prisoners subject to parole order).
Subclause (1) amends section 200 to insert new subsection (1A) clarifying that a parole
order may contain a condition requiring the prisoner to comply with a direction given
to the prisoner under the new section 200A.
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Corrective Services (Parole Board) and Other Legislation Amendment Bill 2017
Subclause (2) amends section 200(2) to omit reference to multiple parole boards. This
amendment is consequential to the creation of a single parole board in clause 12.
Subclause (3) amends section 200 to renumber the subsections to account for the
inclusion of new subsection (1A) in subclause (1).
Insertion of new s 200A
Clause 8 inserts new section 200A (Directions to prisoners subject to parole order)
into Chapter 5, part 1, division 4.
Subsection (1) states that the purpose of the provision is to enable the movements of a
prisoner who is subject to a parole order to be restricted and for the prisoner's location
to be monitored.
Subsection (2) empowers a corrective services to direct the prisoner:
to remain at a stated place for stated periods; or
to wear a stated device; or
to permit the installation of any device or equipment at the place where the
prisoner resides.
Subsection (3) provides that a corrective services officer may also give other reasonable
directions to the prisoner that are necessary for the proper administration of a direction
stipulated in section 200A(2).
Subsection (4) provides that a direction under this section must not be directly
inconsistent with a condition of the prisoner's parole order.
Replacement of ch 5, pt 1, div 5, sdiv 1 (Chief executive powers)
Clause 9 replaces subdivision 1 of Chapter 5, part 1, division 5, subdivision 1.
Section 201 (Chief executive may amend parole order) subsection (1) provides that the
chief executive may, by written order, amend a prisoner's parole order if the chief
executive reasonably believes the prisoner has failed to comply with the parole order;
poses a serious and immediate risk of harm to himself or herself; or poses an
unacceptable risk of committing an offence.
Subsection (2) provides that the written order has effect for the period of not more than
28 days, stated in the order, starting on the day the order is given to the prisoner.
Section 202 (Parole board may cancel amendment) subsection (1) provides that if the
chief executive makes an order under section 201 amending a parole order, the chief
executive must give the secretariat written notice of the grounds for making the order.
Pursuant to subsection (2) the written notice must be given to the secretariat
immediately after the order is made.
Subsection (3) provides that the chief executive must give the parole board any further
information about the amendment requested by the board.
Subsection (4) provides that the parole board may, at any time, cancel the order.
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Corrective Services (Parole Board) and Other Legislation Amendment Bill 2017
Amendment of ch 5, pt 1, div 5, sdiv 2, hdg (Parole board powers)
Clause 10 amends the Chapter 5, part 1, division 5, subdivision 2, heading, so that it
reads: Parole board powers generally.
Insertion of new ch 5, pt 1, div 5, sdiv 2A
Clause 11 inserts new subdivision 2A Requests for immediate suspension into Chapter
5, Part 1, Division 5.
Section 208A (Request for immediate suspension of parole order) provides that in
circumstances where the chief executive reasonably believes that a prisoner the subject
of a parole order:
has failed to comply with the parole order; or
poses a serious and immediate risk of harm to another person; or
poses an unacceptable risk of committing an offence; or
is preparing to leave the State, other than under a written order granting the
prisoner leave to travel interstate or overseas,
the chief executive may by written notice given to the secretariat, request the parole
board to suspend the parole order and issue a warrant for the prisoner's arrest.
The written notice must state the grounds on which the request is made.
Section 208B (Prescribed board member may suspend parole order and issue warrant)
subsection (1) provides that if a request is made pursuant to 208A (Request for
immediate suspension of parole order), a prescribed board member must as a matter of
urgency consider the request and decide whether or not to suspend the parole order.
Subsection (2) provides that the prescribed board member may decide to suspend the
parole order only if the member reasonably believes the prisoner:
has failed to comply with the parole order; or
poses a serious and immediate risk of harm to another person; or
poses an unacceptable risk of committing an offence; or
is preparing to leave the State, other than under a written order granting the
prisoner leave to travel interstate or overseas.
Subsection (3) provides that if the prescribed board member decides not to suspend the
parole order, the member must give the chief executive officer written notice of the
decision.
Subsection (4) provides that if the prescribed board member decides to suspend the
parole order, the member must by written order, suspend the parole order and issue a
warrant for the prisoner's arrest signed by the member or an officer of the secretariat
prescribed legislation.
Subsection (5) provides that this order takes effect from when it is made.
Subsection (6) provides that the warrant for the prisoner's arrest may be directed to all
police officers, Pursuant to subsection (7) when arrested, the prisoner must be taken to
a prison to be kept there until the suspension period ends.
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Section 208C (Parole board must consider suspension) provides that where a
prescribed board member decides, pursuant to section 208B, to suspend a prisoner's
parole order and issue a warrant for the prisoner's arrest, the parole board must, within
the period prescribed by regulation, either confirm or set aside the decision of the
prescribed board member.
Where the parole board decides to confirm the prescribed board member's decision,
section 208 (Reconsidering decision to suspend or cancel parole order) applies to this
decision as if it were a decision to suspend a parole order under section 205(2).
Where the parole board sets aside the decision of the prescribed board member, the
suspension and warrant cease to have effect. If the warrant has been executed, the
prisoner must be released.
In addition, where the parole board sets aside the decision, the prisoner is taken not to
have been unlawfully at large for the period starting when the order was made by the
prescribed board member under section 208B (Prescribed board member may suspend
parole order and issue warrant) and ending when the parole board sets aside that
decision.
Replacement of ch 5, pt 2 (Parole boards)
Clause 12 omits chapter 5, Part 2 (Parole Boards) and replaces it with a new Chapter
5, Part 2 (Parole Board) which provides the legislative framework for the establishment
and functions of the Parole Board Queensland.
Division 1 Establishment and functions
Section 216 (Establishment) establishes the Parole Board Queensland.
Section 217 (Functions) stipulates that the functions of the Parole Board Queensland
are to decide applications for parole orders (other than court ordered parole orders) and
to perform other functions given to it under this or another Act.
Division 2 Powers
Section 218 (Powers generally) provides that the parole board has the power to do
anything necessary or convenient to be done in performing its functions under this or
another Act.
Section 219 (Power to require attendance) empowers the parole board, by written
notice given to a person, to require the person to attend a meeting of the parole board
(at a stated time and place) to:
give the board relevant information; or
produce a stated document containing relevant information.
A person given such a notice must:
attend as required by the notice, unless the person has a reasonable excuse; and
give the parole board the relevant information that a board member requires the
person to give, unless the person has a reasonable excuse; and
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produce a document containing relevant information that the person is required
to produce by the notice, unless the person has a reasonable excuse.
Failure to discharge these obligations is punishable by a maximum of 10 penalty units.
It is a reasonable excuse for a person to fail to give relevant information or produce a
document if giving the information or producing the document may tend to incriminate
the person.
A person required by an attendance notice to attend a meeting of the parole board may
attend the meeting by using a contemporaneous communication link between the
person and the board.
The term relevant information is defined to mean information relating to:
a prisoner's application for a parole order other than a court ordered parole
order; or
a prisoner's parole order, including a court ordered parole order.
Section 220 (Expenses of attendance and documents produced) subsection (1) provides
that if a person is required by an attendance notice to attend a meeting of the parole
board, the secretariat must pay the person's reasonable expenses of attending the
meeting as certified by the board member presiding at the meeting.
Subsection (2) provides that if the person produces a document under section 219(2)(c),
the parole board may inspect the document or make copies of it.
Division 3 Membership
Section 221 (Membership) sets out the requirements for membership.
Subsection (1) provides that the parole board consists of the following members:
the president
at least 1 deputy president
at least 2 professional board members who have a university or professional
qualification that is relevant to the functions of the parole board, including, for
example, a legal or medical qualification
at least 1 police representative who is an officer nominated by the commissioner
at least 1 public service representative who is a public service officer nominated
by the chief executive, who has expertise or experience in probation and parole
matters
the number of community board members, as determined by the Minister
Subsection (2) provides that the president, a deputy president, professional board
members and community board members are appointed board members.
Subsection (3) provides that police representative(s) and public service
representative(s) are permanent board members.
Section 222 (President and deputy president) subsection (1) states that the president
must either:
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Corrective Services (Parole Board) and Other Legislation Amendment Bill 2017
be a former judge of a State court, the High Court or a court constituted under
a Commonwealth Act; or
have qualifications, experience or standing the Governor in Council considers
equivalent to a judge of a State court, the High Court or a court constituted under
a Commonwealth Act.
Subsection (2) provides that each deputy president must:
be a former judge of a State court, the High Court or a court constituted under
a Commonwealth Act; or
be a former magistrate (including a magistrate appointed under the law of
another State); or
have qualifications, experience or standing the Governor in Council considers
equivalent to that of a magistrate or judge of a State court, the High Court or a
court constituted under a Commonwealth Act.
Section 223 (Appointment) subsection (1) provides that appointed board members are
appointed by the Governor in Council.
Subsection (2) provides that in recommending a person to the Governor in Council for
appointment, the Minister must be satisfied the person is appropriately qualified to
perform the functions of a board member.
If the appointment is for the position of president or a deputy president the Minister
must consult with the parliamentary committee about the proposed appointment. For
an appointment as a community board member or professional board member the
Minister must consult with the president about the proposed appointment and have
regard to ensuring the parole board represents the diversity of the Queensland
community. For all appointments the Minister must have regard to providing for
balanced gender representation and representation of Aboriginal people and Torres
Strait Islanders in the membership of the parole board.
Subsection (3) provides that an appointed board member, other than a community board
member, must be appointed on a full-time basis.
Subsection (4) provides that for the reappointment of a person as the president or a
deputy president, the Minister is not required to consult with the parliamentary
committee.
The term parliamentary committee is defined in subsection (5) for the purposes of the
section.
Section 224 (Term of appointment) provides for the terms of appointments for
appointed board members.
Subsection (1) provides that the president and each deputy president holds office for
the term, up to 5 years, stated in the board member's instrument of appointment.
Subsection (2) provides that an appointed board member, other than the president or a
deputy president, holds office for up to 3 years, stated in the member's instrument of
appointment.
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However, pursuant to subsection (3) if a successor has not been appointed by the end
of the appointed board member's term, the member continues to hold office until a
successor is appointed.
Subsection (4) provides that an appointed board member may be reappointed.
Subsection (5) provides that the president or a deputy president may be reappointed to
the office for up to 5 years. Further the reappointed president or deputy president cannot
hold office for more than 10 years in total.
Section 225 (Conditions of Appointment) subsection (1) provides that the president and
each deputy president are to be paid the prescribed salary.
Subsection (2) provides that an appointed board member other than the president or a
deputy president is to be paid the remuneration and allowances decided by the Governor
in Council.
Subsection (3) provides that an appointed board member holds office on the terms, not
otherwise provided for by this Act, decided by the Governor in Council.
Subsection (4) provides that an appointed board member is appointed under this Act
and not the Public Service Act 2008.
Section 226 (Vacancy in office) provides that an appointed board member's office
becomes vacant if--
the member completes the member's term of office; or
the member resigns office by signed notice given to the Minister; or
the member's appointment is terminated by the Governor in Council under
subsection (2) or (3).
Subsection (2) provide that the Governor in Council may, at any time, end the
appointment of a community board member for any reason or none.
Subsection (3) provides that the Governor in Council may terminate the appointment
of another appointed board member in the following circumstances:
the member is guilty of misconduct of a type that could warrant dismissal from
the public service if the member were an officer of the public service; or
the member becomes incapable of satisfactorily performing the functions of a
board member because of physical or mental incapacity or for some other
reason.
Subsection (4) provides that for the purposes of this provision misconduct is
misconduct pursuant to section 187(4) of the Public Service Act 2008.
Section 227 (Leave of absence) sets out the circumstances in which a leave of absence
may be granted to board members.
Subsection (1) provides that with regards to the president, the Minister may grant a
leave of absence.
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Corrective Services (Parole Board) and Other Legislation Amendment Bill 2017
Subsection (2) provides that with regards to a deputy president, professional board
member or community board member, the president may grant leave to these board
members.
Subsection (3) however makes the proviso that only the Minister can approve a leave
of absence of more than 20 business days for a deputy president or professional board
member.
Section 228 (Acting appointments) makes provision for acting appointments.
Subsection (1) provides that the Governor in Council may appoint a qualified
person to act in the office of a prescribed board member for all or part of a period in
which the office is vacant; or the person holding the office is absent from duty or from
the State or, for another reason, cannot perform the duties of the office.
Subsection (2) provides that a person may not be appointed to act in the office for:
a continuous period of more than 3 months; or
a period that, with the periods of other appointments of the person to act in the
office, form a continuous period of more than 3 months.
Subsection (3) makes the proviso that subsection (2) does not apply to the appointment
of a person to act in the office of president or deputy president if, in recommending
the person for the appointment, the Minister has consulted with the parliamentary
committee about the proposed appointment pursuant to section 221(2)(b).
Subsection (4) provides that before recommending a person to act in the office of
Deputy President the Minister must consult with the President.
Subsection (5) stipulates that for the purpose of the section the term qualified, in relation
to an appointment to act in an office, means qualified for appointment to the office.
Section 229 (Preservation of rights) applies if a person is appointed as a prescribed
board member and resigns the person's role as a public service officer in order to accept
the appointment.
Subsection (2) provides that the person retains all rights that have accrued to the person
because of the person's employment as a public service officer, or that would accrue in
the future to the person because of that employment, as if service as a prescribed board
member were a continuation of service as a public service officer.
Subsection (3) provides that at the end of the person's term of office or on resignation:
the person has the right to be appointed to an office in the public service on the
same terms and conditions that applied to the person before being appointed as
a prescribed board member; and
the person's service as a prescribed board member is to be regarded as service
of a like nature in the public service for deciding the person's rights as a public
service officer.
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Corrective Services (Parole Board) and Other Legislation Amendment Bill 2017
Division 4 Proceedings
Section 230 (Conduct of business) provides that subject to this division, the parole
board may conduct its business, including its meetings, in the way it considers
appropriate.
Section 231 (Quorum) provides that a quorum for a meeting of the parole board is 3
board members.
Section 232 (Presiding at meetings) subsection (1) provides that the president presides
at all meetings of the parole board at which the president is present.
Subsection (2) provides that if the president is absent from a meeting and the parole
board has only 1 deputy president, the deputy president is to preside.
Subsection (3) provides that if the president is absent from a meeting and the parole
board has more than 1 deputy president, the deputy president chosen by the president
is to preside.
Subsection (4) provides that if neither the president, nor any of the deputy presidents,
are present at a meeting, a professional member chosen by the president is to preside.
Section 233 (Meetings generally) subsection (1) provides that the parole board must
meet as often as is necessary to perform its functions.
Subsection (2) provides that a meeting may be called by the president or, in the absence
of the president, a deputy president.
Subsection (3) provides that in the absence of the president and each deputy president,
the prescribed officer of the secretariat may call a meeting to consider whether a parole
order should be amended, suspended or cancelled.
Subsection (4) provides that the parole board may hold meetings, or allow board
members to take part in meetings, by using a contemporaneous communication link
between the members.
Subsection (5) provides that a board member who takes part in a meeting under
subsection (4) is taken to be present at the meeting.
Subsection (6) provides that a question at a meeting of the parole board must be decided
by a majority of votes of the board members present.
Subsection (7) provides that if there is an equality of votes, the board member presiding
at the meeting has a casting vote.
Subsection (8) provides that a prisoner granted leave to appear before the parole board
under section 190 may appear before a meeting through the use of either a
contemporaneous communication link between the prisoner and the parole board or by
personal attendance (if the prisoner has a special need).
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Corrective Services (Parole Board) and Other Legislation Amendment Bill 2017
Section 234 (Meetings about particular matters relating to parole orders) Subsection
(1) provides that this provision applies if, at a meeting of the parole board, the board is
to consider a prisoner's application for a parole order, or the amendment, suspension or
cancellation of a prisoner's parole order.
Subsection (2) provides that if the prisoner is a prescribed prisoner the parole board
must not consider a matter at the meeting unless the following board members are
present at the meeting--
the president or a deputy president;
a professional board member;
a community board member;
a public service representative;
a police representative.
In all other cases a professional board member, a community board member and at least
1 other board member must be present at the meeting.
The term prescribed prisoner is defined in subsection (3) for the purposes of the section
to mean--
a prisoner mentioned in section 181(1), 181A(1), 182A(1) or (2), 183(1) or
185B(1) of the Corrective Services Act 2006; or
a prisoner who is imprisoned for--
o a serious violent offence; or
o a serious sexual offence; or
o an offence committed with the circumstance of aggravation stated in the
Penalties and Sentences Act 1992, section 161Q(1).
Subsection (3) provides that serious sexual offence is as defined in the Dangerous
Prisoners (Sexual Offenders) Act 2003.
Section 235 (Attendance of staff members at meetings) provides that if asked to do so
by the president, a deputy president or the prescribed officer of the secretariat, a staff
member must:
attend a meeting of the parole board, including by using a contemporaneous
communication link between the staff member and the board; and
give the information the parole board asks for to help it decide a matter relating
to a parole order.
Division 5 Parole Board Queensland Secretariat
Section 236 (Establishment and functions), subsection (1) establishes the Parole Board
Queensland Secretariat (the secretariat).
Subsection (2) provides that the function of the secretariat is to support the parole board
in performing its functions.
Subsection (3) provides that the chief executive may appoint as officers of the
secretariat as many persons the chief executive considers necessary to support the
function of the secretariat.
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Corrective Services (Parole Board) and Other Legislation Amendment Bill 2017
Subsection (4) provides that each person appointed to the secretariat by the chief
executive is employed under the Public Service Act 2008.
Division 6 Pension entitlements of president and deputy president
Section 237 (Judges pension scheme applies to former senior board member) provides
that the Judges Pensions Act, other than sections 15 and 15A, applies to a former senior
board member as if a reference to a judge in that Act includes a reference to the former
senior board member, but with--
the changes set out in this division; and
other changes necessary to enable that Act to apply to a former senior board
member.
Section 238 (Period for which person holds office as president or deputy president)
provides that when applying the Judges Pensions Act to a former senior board member
under this division, the following are to be counted as a period for which a person held
office as the president or a deputy president:
any period, before the person's appointment as the president or a deputy
president, that would be counted as service as a judge for the purposes of the
Judges Pensions Act;
any period, before the person's appointment as the president or a deputy
president, for which the person acted as the president or a deputy president.
Section 239 (Pension at end of appointment generally) subsection (1) provides that
sections 3 and 4 of the Judges Pensions Act applies to a former senior board member:
if the member held office as the president or a deputy president for at least 5
years; and
regardless of the age of the member when the person ceased to hold the office
of president or deputy president.
A note to subsection (1) directs the reader to section 241 for when a pension becomes
payable.
Subsection (2) provides that the annual pension to which the former senior board
member is entitled is an annual pension:
at a rate equal to 6% of the prescribed salary for each year for which the member
held office as the president or a deputy president; but
up to a maximum of 60% of the prescribed salary.
Section 240 (Pension if appointment ends because of ill health) subsection (1) provides
that section 5 of the Judges Pensions Act applies to a former senior board member if:
the member resigned the office of president or deputy president and a medical
practitioner, prescribed under section 5(1)(a) of that Act, certified to the
Minister that the resignation was because of a permanent disability or infirmity;
or
the member's appointment as president or deputy president was terminated
under section 226(3)(b) because of a proved incapacity to perform the duties of
the office.
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Corrective Services (Parole Board) and Other Legislation Amendment Bill 2017
Subsection (2) provides that the annual pension to which the former senior board
member is entitled is an annual pension:
at a rate equal to 6% of the prescribed salary for each year of the period
consisting of:
-the period for which the former senior board member held office as the
president or a deputy president; and
-the period for which the former senior board member could have held office
as the president or a deputy president under the member's terms and
conditions of appointment (including under an option to renew the
appointment for a further term) if the member had not resigned, or the
member's appointment had not been terminated, as mentioned in subsection
(1); but
up to a maximum of 60% of the prescribed salary.
Subsection (3) also provides that a former senior board member is entitled to an annual
pension as set out in this section only if the period mentioned in subsection (2)(a) is at
least 5 years.
Section 241 (When pension becomes payable), subsection (1) provides that the section
applies if a former senior board member is entitled to a pension under the Judges
Pensions Act, as applying under this division.
Subsection (2) provides that the pension does not become payable until the former
senior board member reaches 65 years of age.
Section 242 (Pension of spouse and children on death of former senior board member)
subsection (1) provides that the Judges Pensions Act, sections 7 to 8A applies to a
former senior board member if the member is entitled to a pension under the Judges
Pensions Act, as applying under this division.
Subsection (2) provides that the Judges Pensions Act, sections 7 and 8A applies to a
spouse or child of a former senior board member who dies before the member reaches
65 years of age in the way the sections apply to a spouse or child of a judge who dies
before retirement.
Subsection (3) provides however that if the spouse or child is entitled to a pension under
the Judges Pensions Act, section 7 or 8A, the pension is not payable to the spouse or
child until the time when the former senior board member would have reached 65 years
of age.
Subsection (4) provides that the Judges Pensions Act, sections 8 and 8A applies to a
spouse or child of a former senior board member who dies after the member reached
65 years of age in the way the sections apply to a spouse or child of a retired judge.
Subsection (5) defines child to include an adopted child.
Section 242A (What happens if former senior board member is removed from office as
a judge) provides that section 16 of the Judges Pensions Act (What happens if judge
removed from office) applies to a person who is a former senior board member if the
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Corrective Services (Parole Board) and Other Legislation Amendment Bill 2017
person was a judge removed from office as mentioned in the section after the person
held office as president or a deputy president.
Section 242B (What happens if former senior board member's appointment is
terminated because of misconduct) provides that this division (Division 6) does not
apply to a former senior board member if the member's appointment is terminated
under section 226(3) (a) unless the Governor in Council decides otherwise.
Section 242C (Former senior board member entitled to other pension) provides that a
pension is not payable, or stops being payable, under the Judges Pensions Act in relation
to a former senior board member in the member's capacity as a former senior board
member if a pension is payable under that Act in relation to the member in the member's
capacity as:
a judge; or
a member of the Land Court, the industrial court, or the industrial commission.
Section 242D (Provision about agreements and court orders under Family Law Act
1975 (Cwth)) subsection (1) provides that the Judges Pensions Act, part 2, division 2
applies to a former senior board member as follows--
the reference to a retired judge in section 9 of that Act, definition entitled former
spouse is taken to be a reference to a former senior board member;
information allowed to be given under section 10 of that Act includes
information about a benefit for a person who holds office as president or a
deputy president;
section 11 and section 12 of that Act apply whether the person is the president,
a deputy president or a former senior board member, at the operative time
mentioned in the section;
section 13 of that Act applies in relation to a person who is the president or a
deputy president at the operative time mentioned in the section and dies while
holding office as the president or a deputy president.
Subsection (2) however provides that if a person, who is the president or a deputy
president at the operative time mentioned in section 13 of the Judges Pensions Act, dies
before reaching 65 years of age, the pension payable to the person's entitled former
spouse under the section does not become payable until the time when the person would
have reached 65 years of age.
Division 7 Other matters
Section 242E (Guidelines) provides that the Minister may make guidelines about
policies to help the parole board in performing its functions.
Section 242F (Annual report) provides that on or before 30 September after the end of
each financial year the parole board must provide the Minister with a report about the
operation of this Act in relation to parole orders (other than court ordered parole orders)
and the activities of the parole board. The report must state the number of persons who,
in that financial year, were--
released on parole, other than under a court ordered parole order; and
returned to prison after their parole order, including a court ordered parole order,
was suspended or cancelled.
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Corrective Services (Parole Board) and Other Legislation Amendment Bill 2017
The Minister must table the report in the Legislative Assembly within 14 sitting days
after receiving the report.
Section 242G (Special report) provides that, if asked by the Minister, the parole board
must give the Minister a written report about the operation of this Act in relation to
parole orders or the performance of a function by the parole board.
Section 242H (Disclosure of interests) sets out the requirements where a board member
becomes aware of a conflict of interest.
Subsection (1) provides that the provision applies to a board member if in the following
circumstances:
the board member has an interest in an issue being considered, or about to be
considered, by the parole board; and
the interest conflicts or may conflict with the proper performance of the board
member's duties about the consideration of the issue.
Subsection (2) provides that as soon as practicable after the relevant facts come to the
board member's knowledge, the board member must disclose the nature of the interest
to the president. If the member is the president, the disclosure must occur to a deputy
president.
Subsection (3) provides that the disclosure must be recorded in the parole board's
minutes.
Subsection (4) provides that unless the president, or deputy president, to whom the
disclosure was made otherwise decides, the board member must not be present when
the parole board considers the issue, nor must they take part in a decision of the parole
board about the issue.
Subsection (5) provides that a contravention of this section does not invalidate any
decision of the parole board. This is however subject to the proviso in subsection (6)
that if the parole board becomes aware a board member contravened this section, the
board must reconsider any decision made by the board in which the member took part
in contravention of this section.
Amendment of s 355 (Regulation-making power)
Clause 13 subclause (1) amends section 355 (Regulation-making power) to enable the
making of a regulation to prescribe matters relating to the parole board and the
secretariat.
Subclause (2) renumbers the provision as a consequence of subclause (1).
Insertion of new ch 7A, pt 11
Clause 14 inserts new Part 11 Transitional provisions for Corrective Services (Parole
Board) and Other Legislation Amendment Act 2017 into Chapter 7A.
Section 490M (Definitions for part) defines the terms: amended Act, amendment Act,
former board, former, Queensland Parole Board and regional board.
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Corrective Services (Parole Board) and Other Legislation Amendment Bill 2017
Section 490N (Dissolution of Queensland Parole Board and regional boards)
subsection (1) provides that on commencement the Queensland Parole board and the
two regional boards are dissolved and the members of these boards go out of office.
Subsection (2) provides that no compensation is payable to a member because of
subsection (1).
Section 490O (Secretary of former board) subsection (1) provides that on
commencement a person who immediately before the commencement held an
appointment as the secretary of a former board goes out of office.
Subsection (2) provides that no compensation is payable to a person because of
subsection (1).
Section 490P (Existing instruments and decisions made by a former board) makes
provision for transition of instruments and decisions made by a former board and in
force immediately before the commencement.
Section 490Q (Existing application made to a former board) provides for the transition
of certain applications made to a former board that were not decided by
commencement.
Subsection (2) provides that certain applications (listed in subsection (1)(a) to (d)) made
to a former board, but not decided by commencement, are taken to have been made to
the Parole Board Queensland and must be dealt with and decided by the Parole Board
Queensland under the amended Act.
Subsection (3) provides that in relation to an application for a parole order made under
former section 176 or 180, section 193(3) continues to apply as if the amendment Act
had not commenced.
Subsection (4) provides that in deciding an application for a parole order made under
former section 180, the parole board must consider any submissions relating to the
application made to a former board under former section 188.
Subsection (5) provides that an application made under former section 190 for leave to
appear before a former board is taken to be an application for leave to appear before the
parole board.
Section 490R (Review of a regional board's decision) provides for the transition of an
application made under former section 196, but not decided by commencement.
Section 490S (Particular orders made by the chief executive) provides for the transition
of a written order made by the chief executive under former section 201 (Amendment
or suspension) that is in force immediately before commencement.
Section 490T (Transitional regulation-making power) provides for a transitional
regulation-making power.
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Corrective Services (Parole Board) and Other Legislation Amendment Bill 2017
Amendment of sch 4 (Dictionary)
Clause 15 subclause (1) amends schedule 4 by omitting the definitions of: appointed
member, most recent parole application; parole board; Queensland board; regional
board; replacement board; and suspend.
Subclause (2) amends schedule 4 by inserting the following new definitions: appointed
board member; attendance notice, board member; Chief Judge; Chief Justice;
community board member; deputy president; former senior board member; judge;
Judges Pensions Act; parole board; permanent board member; police representative;
prescribed board member; prescribed salary; president, President of the Court of
Appeal; professional board member; public service representative; retired acting
District Court Judge; secretariat; and suspend.
Subclause (3) amends the definition of accredited visitor, to replace paragraph (d).
Subclause (4) amends the definition of leave of absence.
Part 3 Amendment of Judges (Pensions and Long Leave) Act
1957
Act amended
Clause 16 provides that this part amends the Judges (Pensions and Long Leave) Act
1957.
Insertion of new 2AC
Clause 17 inserts new section 2AC (Length of service if previously senior parole board
member).
Section 2AC subsection (1) states that this section applies to a person serving as a judge
after the commencement, whether the judge was appointed before or after the
commencement.
Subsection (2) provides that for this Act, in deciding the length of service as a judge, a
period for which the person held office as a senior parole board member after the
commencement is to be counted as service as a judge.
Subsection (3) provides that the period for which the person held office as a senior
parole board member after the commencement includes a period for which the person
acted as a senior parole board member that is to be counted as a period for which the
person held office as a senior parole board member under section 238(b) of the
Corrective Services Act 2006.
Insertion of new s 2BB
Clause 18 inserts new section 2BB (Salary of District Court judge if previously
president of the Parole Board Queensland).
Section 2BB, subsection (1) provides that this section applies to a District Court judge
if:
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Corrective Services (Parole Board) and Other Legislation Amendment Bill 2017
an entitlement to a pension under this Act arises for the judge in the judge's
capacity as a District Court judge; and
when the entitlement arises, an entitlement to a pension under this Act, as
applying under chapter 5, part 2, division 6 of the Corrective Services Act 2006,
exists for the judge in the judge's capacity as a former president (whether or not
that pension has become payable under the Corrective Services Act 2006,
section 241 (When pension becomes payable)).
The note to subsection (1) states that under section 242C of the Corrective Services Act
2006, a pension payable in relation to a former senior parole board member under this
Act, as applying under chapter 5, part 2, division 6 of the Corrective Services Act 2006,
stops being payable if a pension is payable in relation to the former senior parole board
member under this Act in the former senior parole board member's capacity as a judge.
Subsection (2) provides that for the purposes of this Act, the judge's salary is the
prescribed salary within the meaning of the Corrective Services Act 2006, schedule 4.
Subsection (3) provides that for the purpose of the section, the term former president
means a person who has held office as the president of the Parole Board Queensland.
Amendment of s 18AA (Retired judge appointed as CCC chairperson)
Clause 19 amends section 18AA (Retired judge appointed as CCC chairperson).
Subclause (1) amends the section 18AA heading to insert or senior parole board
member after chairperson.
Subclause (2) amends section 18AA(1) to insert or a senior parole board member after
chairperson.
Subclause (3) amends Section 18AA(2) to insert or senior parole board member after
chairperson.
Amendment of s 18A (Minister is manager for Commonwealth Act)
Clause 20 amends the section 18A(3) definition of scheme to insert a new sub
subsection (e). The effect of this is that a scheme established under the Corrective
Services (Parole Board) and Other Legislation Amendment Act 2017 as it applies for
providing pensions to a senior parole board member, and to a senior parole board
member's spouses and children, because of the Corrective Services Act 2006, section
237 will become a scheme recognised by the Judges (Pensions and Long Leave) Act
1957.
Amendment of sch 1 (Dictionary)
Clause 21 amends schedule 1 to insert definitions of Parole Board Queensland and
senior parole board member.
Part 4 Amendment of Parole Orders (Transfer) Act 1984
Act amended
Clause 22 provides that this part amends the Parole Orders (Transfer) Act 1984.
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Corrective Services (Parole Board) and Other Legislation Amendment Bill 2017
Amendment of s 5 (Registrar of transferred parole orders)
Clause 23 amends section 5 to omit subsection (2) and insert new subsections (2) and
(3). This is consequential to the insertion of new section 236 in the Corrective Services
Act 2006 which establishes the Parole Board Queensland Secretariat.
Subsection (2) provides that the registrar of transferred parole orders is the officer of
the Parole Board Queensland Secretariat, prescribed by regulation, who is responsible
for performing the functions of the registrar under this Act.
Subsection (3) clarifies that Parole Board Queensland Secretariat means the Parole
Board Queensland Secretariat established under the Corrective Services Act 2006.
Part 5 Other amendments
Acts amended
Clause 24 provides that Schedule 1 amends the Acts it mentions.
Schedule 1 Other amendments
Schedule 1 makes minor and technical amendments to the Corrective Services Act
2006, Criminal Law Amendment Act 1945, Criminal Law (Rehabilitation of Offenders)
Act 1986, Parole Orders (Transfer) Act 1984 and Penalties and Sentences Act 1992.
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