Victorian Numbered Acts Victorian Numbered Acts(1) In section 77(2) of the Corrections Act 1986 , for "subsection (3)," substitute "subsections (3) and (3A),".
(2) For section 77(3)(a) of the Corrections Act 1986 substitute —
"(a) the prisoner referred to in subsection (2)—
(i) was released on parole in respect of a sexual offence or a serious violent offence; and
(ii) was not released on parole under an order under section 74 made following a referral under section 74AAC(5)(b); and
(iii) does not have a terrorism record; and".
(3) After section 77(3) of the Corrections Act 1986 insert —
"(3A) If—
(a) the prisoner referred to in subsection (2)—
(i) was released on parole under an order under section 74 made following a referral under section 74AAC(5)(b); or
(ii) has a terrorism record; and
(b) the offence with which the prisoner was charged, while on parole, was a sexual offence, a violent offence or a terrorism or foreign incursion offence—
the Board must determine under subsection (2) to cancel the parole of the prisoner unless the Board is satisfied, having regard to the terrorism risk information provided to the Board by the Secretary under section 70(4) in respect of the prisoner (if any), that the applicable threshold under subsection (3H) is met.
(3B) Subject to subsection (3C), the Board must consider whether to cancel the parole or to vary the terms and conditions of the parole of a prisoner if the prisoner comes to have a terrorism record while on parole.
Example
A prisoner becomes subject to a terrorism-related order while on parole.
(3C) The Board must determine under subsection (3B) to cancel the parole of the prisoner unless the Board is satisfied, having regard to the terrorism risk information provided to the Board by the Secretary under section 70(4) in respect of the prisoner (if any), that the applicable threshold under subsection (3H) is met.
(3D) Subject to subsections (3E) and (3F), if under section 70(4) the Secretary provides the Board with new terrorism risk information in respect of a prisoner who is on parole, the Board must consider whether to cancel the parole or to vary the terms and conditions of the parole.
(3E) The Board must determine under subsection (3D) to cancel the parole of the prisoner if the Board is satisfied, having regard to the new terrorism risk information, that—
(a) in the case of a prisoner who was released on parole under an order under section 74 made following a referral under section 74AAC(5)(b), there has been an increase in the risk in relation to which that referral was made; or
Note
Section 74AAC(5) requires that a decision of whether to grant parole be referred to the SVOSO division if there is a risk that the prisoner will commit a terrorism or foreign incursion offence.
(b) in the case of a prisoner who had a terrorism record when released on parole, the risk that the prisoner will commit a terrorism or foreign incursion offence has increased since the prisoner was released on parole; or
(c) in any other case, there is a risk that the prisoner will commit a terrorism or foreign incursion offence if released on parole.
(3F) Despite subsection (3E), the Board is not required to determine under that subsection to cancel the parole of the prisoner if the Board is satisfied, having regard to the terrorism risk information provided to the Board by the Secretary under section 70(4) in respect of the prisoner, that the applicable threshold under subsection (3H) is met.
(3G) For the purposes of subsection (3C), (3D), (3E) or (3F), the Board must not have regard to terrorism risk information regarding the prisoner having, or having had, an association with a person or group referred to in section 3B(3)(b)(i), (ii) or (iii) unless the Board is satisfied that the prisoner knew—
(a) that the person or group had expressed support for—
(i) the doing of a terrorist act; or
(ii) a terrorist organisation; or
(iii) the provision of resources to a terrorist organisation; or
(b) that the person or group was directly or indirectly engaged in, preparing for, planning, assisting in or fostering the doing of a terrorist act; or
(c) that the group was a terrorist organisation.
(3H) For the purposes of this section, the applicable threshold for a prisoner on parole is—
(a) if the prisoner has been convicted of a terrorism or foreign incursion offence, that there are exceptional circumstances that justify the continuation of the parole; or
(b) otherwise, that there are compelling reasons that justify the continuation of the parole.".
(4) For section 77(6) of the Corrections Act 1986 substitute —
"(6) The parole of a prisoner is taken to have been cancelled on the conviction of the prisoner for a sexual offence, a violent offence or a terrorism or foreign incursion offence that was committed during the parole period if—
(a) the prisoner—
(i) did not have a terrorism record immediately before that conviction; and
(ii) was released on parole in respect of a sexual offence or a serious violent offence; or
(b) the prisoner had a terrorism record immediately before that conviction; or
(c) the prisoner was released on parole under an order under section 74 made following a referral under section 74AAC(5)(b).".