Corrective Services Act 2006

This section applies to a prisoner sentenced for an offence committed before the commencement, whether or not the prisoner was sentenced for the offence after the commencement.

From the commencement—

this chapter and chapters 2 and 5 are the only provisions under which the prisoner may be released before the end of the period of imprisonment to which the prisoner has been sentenced; and

the only requirements for the granting of the release are the requirements that apply under this Act.

If, before the commencement, the prisoner had any expectation to be able, after the commencement, to be released before, or to be considered for a release taking effect before, the end of the period of imprisonment to which the prisoner has been sentenced, the expectation is extinguished to the extent that the release is not provided for under subsection (2).

Subsections (2) and (3) apply in relation to an application made by the prisoner and dealt with after the commencement even if the application was made before the commencement.

If a form of release for which the prisoner made an application before the commencement corresponds to a form of release that, after the commencement, is available under chapter 5, the application must be dealt with, to the greatest practicable extent, as an application for the form of release under chapter 5, but this subsection does not authorise release before the prisoner’s parole eligibility date.

This section has no effect in relation to a proceeding mentioned in section 469.

However, this section prevails to the extent it is inconsistent with—

section 470; or

the Acts Interpretation Act 1954, sections 20 and 20C(3), the Criminal Code, section 11(2), the Penalties and Sentences Act 1992, section 180 or any other law of similar effect.

In this section—expectation includes right, privilege, entitlement and eligibility.