Corrective Services Act 2006

Section 268A has no effect in relation to—

a post-prison community based release order granted on or after 1 July 2001 but before 30 October 2001 on the basis of an application made before 1 July 2001 for a form of release that corresponds to a form of release available under chapter 5; or

a decision made by a court before 30 October 2001 upholding, in action brought by a particular prisoner, that prisoner’s expectation to be released, or to be considered for release; or

the terms of a release instrument made before 1 July 2001, or any decision relating to the making of the release instrument, giving a prisoner an expectation to be further released after, or to be considered for a further release taking effect after, 1 July 2001.

Example for subsection (1)(c)—Suppose on 1 June 2001 a prisoner was released on leave of absence to engage in employment (commonly known as ‘leave of absence (release to work)’). The terms of the release instrument included a statement that the prisoner would be considered for release on home detention after the prisoner had successfully completed 3 months release to work. Section 268A has no effect on the statement’s operation.

For giving effect to terms mentioned in subsection (1)(c), a prisoner may be released at any time the prisoner may have been released under the terms if the repealed Corrective Services Act 1988 had not been repealed.

Subject to subsections (1) and (2) and without limiting section 268A, any requirement that may have existed after the repeal of the repealed Corrective Services Act 1988 and before the commencement of this section that a person be dealt with in a way inconsistent with section 135(2) is extinguished.

Section 268A and subsection (3) prevail to the extent they are inconsistent with the Acts Interpretation Act 1954, sections 20 and 20C(3), the Criminal Code, section 11(2), the Penalties and Sentences Act 1992, section 180(1) or any other law of similar effect.

In this section—expectation includes right, privilege, entitlement and eligibility.release instrument means an instrument under which a prisoner was released.