Western Australian Numbered Acts Western Australian Numbered Acts Sections 102 to
104 are repealed and the following sections are inserted instead —
“
102. Prisoners Review Board established
(1) A board called the
Prisoners Review Board is established.
(2) The Board is to be
taken to be a continuation of the Parole Board established previously.
(1) The members of the
Board are —
(a) a
chairperson, to be nominated by the Minister and appointed by the Governor;
(b) at
least 2 deputy chairpersons, to be nominated by the Minister and appointed by
the Governor;
(c) as
many community members as are necessary to deal with the workload of the
Board, to be nominated by the Minister and appointed by the Governor;
(d) as
many officers of the Public Sector agency of which the CEO is the chief
executive officer as are necessary to deal with the workload of the Board, to
be appointed by the CEO; and
(e) as
many police officers as are necessary to deal with the workload of the Board,
to be appointed by the Commissioner of Police.
(2) The Minister must
not nominate a person as the chairperson unless —
(a) the
person —
(i)
is a judge of the Supreme Court or the District Court; or
(ii)
is a retired judge of one of those courts;
and
(b) if
paragraph (a)(i) applies to the person, the Minister has consulted the
Chief Justice or the Chief Judge of the District Court (as the case may be)
about the nomination.
(3) The Minister must
not nominate a person as a deputy chairperson unless the person has, in the
Minister’s opinion, extensive or special knowledge of matters involved
in the performance of the Board’s functions.
(4) The Minister must
not nominate a person as a community member unless the Minister is
satisfied —
(a) that
the person is able to make an objective and reasonable assessment of the
degree of risk that the release of a prisoner would appear to present to the
personal safety of people in the community or of any individual in the
community; and
(b) that
the person has one or more of the following attributes —
(i)
the person has a knowledge and understanding of the
impact of offences on victims;
(ii)
the person has a knowledge and understanding of
Aboriginal culture local to this State;
(iii)
the person has a knowledge and understanding of a range
of cultures among Australians;
(iv)
the person has a knowledge and understanding of the
criminal justice system;
(v)
the person has a broad experience in a range of community
issues such as issues relating to employment, substance abuse, physical or
mental illness or disability, or lack of housing, education or training.
(5) In nominating
persons as community members the Minister is to ensure that at all times at
least one community member has the attribute mentioned in
subsection (4)(b)(i) and at least one community member is an Aboriginal
person who has the attribute mentioned in subsection (4)(b)(ii).
(6) On appointing a
member of the Board under subsection (1)(d) or (e), the CEO or the
Commissioner of Police, as the case may be, must give written notice of the
appointment to —
(a) the
person appointed; and
(b) the
registrar of the Board.
(1) The chairperson
and deputy chairpersons are responsible for directing the education, training,
and professional development of members of the Board.
(2) The Minister is to
ensure that appropriate provision is made for the education, training, and
professional development of members of the Board.
104A. Registrar and other staff
(1) A person is to be
appointed as the registrar of the Board.
(2) The registrar and
any other staff of the Board are to be appointed under Part 3 of the
Public Sector Management Act 1994 .
”.