Parole Orders (Transfer) Act 1984

This Act may be cited as the Parole Orders (Transfer) Act 1984.

[repealed]

In this Act—

corresponding law means a law of another State or a Territory that relates to the transfer of parole orders.

designated authority, in relation to another State or to a Territory, means the person or body with powers under the corresponding law of that State or Territory that correspond to those of the Minister under section 6.

Minister...

parole board means the Parole Board Queensland established under the Corrective Services Act 2006.

Parole Board...

parole order means—

a parole order under or continued in force by the Corrective Services Act 2006 or under a law of another State or of a Territory relating to parole; or

an authority under a law of another State or of a Territory for the release on parole of a person from imprisonment or lawful detention;

and includes such a parole order or authority as varied from time to time.

Queensland Community Corrections Board...

Queensland Parole Board...

regional community corrections board...

regional parole board...

registrar means the registrar of transferred parole orders.

sentence of imprisonment includes an order, direction, declaration or other authority under which a person may be lawfully detained in a prison.

Territory...

[repealed]

There shall be a registrar of transferred parole orders.

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.

In this section—Parole Board Queensland Secretariat means the Parole Board Queensland Secretariat established under the Corrective Services Act 2006.

The Minister may, on the request in writing of the designated authority for another State or for a Territory, by writing, direct the registrar to register under this Act a parole order that was, on the date of the request, in force under a law of that State or Territory.

The Minister may, by writing addressed to the designated authority for another State or for a Territory, request that a parole order that is in force in this State be registered under the corresponding law of that State or Territory.

Where the Minister makes a request pursuant to subsection (2) the Minister shall advise the parole board of that fact and forward to the board details sufficient to identify the parolee to whom the request relates.

Where the Minister makes a request under section 6(2), the Minister shall cause to be sent to the designated authority for the relevant State or Territory—

the parole order to which the request relates; and

the warrant of commitment or other authority by virtue of which the parolee became liable to the imprisonment to which the parole order relates; and

particulars in writing of the address of the parolee last known to the Minister; and

all documents relating to the parolee that were before the parole board or other body that made the parole order and any other documents relating to the parolee that appear to be likely to be of assistance to any relevant court, authority or officer of that State or Territory including, in particular, details as to class of prisoner and of any convictions, sentences of imprisonment, minimum terms of imprisonment, periods of imprisonment served, remissions earned and other grants of parole; and

a report in writing relating to the parolee containing such additional information as appears to be likely to be of assistance to any relevant court, authority or officer in that State or Territory.

A reference in subsection (1) to a parole order, warrant or other document shall be read as a reference to the original or to a copy certified as a true copy by the person to whose custody the original is entrusted.

The Minister shall not direct the registration of a parole order under this Act unless the Minister is satisfied, after having considered the relevant documents forwarded to the Minister by the designated authority for the relevant State or Territory, that, having regard to the interests of the parolee, it is desirable that the parole order be so registered and the parolee—

has consented to, or has requested, the registration of the parole order under this Act; or

is residing in this State.

The Minister shall not make a request for the registration of a parole order under the corresponding law of another State or of a Territory unless the Minister is satisfied that, having regard to the interests of the parolee, it is desirable that the parole order be so registered and—

the parolee has consented to, or has requested, the registration of the parole order under that corresponding law; or

there are reasonable grounds for believing that the parolee is residing in that State or Territory.

When directed to do so under section 6(1), the registrar shall register a parole order by endorsing on the parole order or a copy of the parole order a signed memorandum to the effect that the parole order was, on the date of the endorsement, registered under this Act.

Where the registrar has registered a parole order pursuant to subsection (1), the registrar shall—

cause notice in writing of the fact and date of the registration of the parole order to be forwarded to—

the parolee; and

the designated authority for the relevant State or Territory; and

cause notice of the fact to be brought to the attention of the parole board; and

while the parole order is in force in this State, but subject to section 7(1), keep in a register—

the endorsed parole order or endorsed copy of the parole order; and

the warrant of commitment or other authority by virtue of which the parolee became liable to imprisonment, or a copy of that warrant or other authority.

A reference in this section to a copy of a parole order or a copy of a warrant or other authority shall be read as a reference to a copy certified as a true copy by the person to whose custody the original is entrusted.

Subject to this section, while a parole order (including a parole order that was, at any time, in force in this State) is registered under this Act, the laws of this State apply in relation to the parole order and the parolee.

Where a parole order registered under this Act was made under a law of another State or of a Territory, subsection (1) has effect as if—

each sentence of imprisonment to which the parolee was subject immediately before the making of the parole order had been imposed by a court of competent jurisdiction of this State; and

each period of imprisonment served by the parolee for the purpose of such a sentence had been served for the purpose of a sentence imposed by a court of competent jurisdiction of this State; and

the parole order had been validly made by the parole board and were in force under the Corrective Services Act 2006.

Where a parole order registered under this Act is cancelled under the Offenders Probation and Parole Act 1980 or the Corrective Services Act 2006, the parolee shall be liable to serve a period of imprisonment equal to the period for which the parolee was liable, on the date on which he or she was released on parole under the order, to be imprisoned.

Upon the registration under a corresponding law of another State or of a Territory of a parole order that was, immediately before that registration, in force in this State—

the parole order ceases to be in force in this State; and

where the parole order was registered under this Act—the parole order ceases to be so registered; and

each sentence of imprisonment to which the parolee was subject immediately before that registration ceases to have effect in this State.

If a parole order, in relation to which subsection (1) has at any time applied becomes registered under this Act—

the force had by it under the law of this State immediately before its registration under a corresponding law; and

the effect in this State of the sentence of imprisonment to which the person to whom the order relates was subject immediately before its registration under a corresponding law;

shall thereupon revive and shall continue until subsection (1) again applies in relation to the parole order.

The Minister may delegate the Minister’s powers under this Act to a corrective services officer under the Corrective Services Act 2006.

Editor’s note—

For the definition of corrective services officer, see the Corrective Services Act 2006, schedule 4.