Schedule 4

Savings and transitional provisions

In force

Section 92

1. Offices held under Prison Act 1977 A person who immediately before the commencement of this Act –

(a)

holds office as Director of Corrective Services is taken to hold office as Director under this Act; or

(b)

holds office as a prison officer under the Prison Act 1977 is taken to hold office as a correctional officer; or

(c)

holds office as a probation officer under the Probation of Offenders Act 1973 is taken to hold office as a probation officer under this Act; or

(d)

holds office as an official visitor under the Prison Act 1977 is taken to hold office as an official visitor under this Act; or

(e)

holds office as an honorary probation officer under the Probation of Offenders Act 1973 is taken to be an honorary probation officer under this Act; or

(f)

holds office as a supervisor under the Probation of Offenders Act 1973 is taken to hold office as a supervisor under this Act.

2. Prisons

(1)

A place of confinement that, immediately before the commencement of this Act, is a prison within the meaning of the Prison Act 1977 is taken to be a prison within the meaning of this Act.

(2)

A prison in respect of which a proclamation under section 5(1A) of the Prison Act 1977 is in force at the commencement of this Act is taken to be a prison in respect of which a proclamation has been made under section 9(2) of this Act.

3. Hospitals or institutions A place approved as a hospital or an institution for the purposes of the Prison Act 1977 is taken to be approved as a hospital or an institution for the purposes of this Act.

4. Directions, &c., for removal of prisoners, &c. A direction or order for the removal of a prisoner or detainee for the purposes of section 20, 21 or 22 of the Prison Act 1977 and in force immediately before the commencement of this Act is taken to be a direction or order under section 36, 37 or 38 of this Act.

5. Licences to be absent from State A licence granted to a prisoner under the Prison Act 1977 authorising the prisoner to be absent from the State to undergo medical treatment and in force immediately before the commencement of this Act has effect as if it were an interstate leave permit issued under section 49 of this Act.

6. Leave permits A leave permit granted to a prisoner or detainee under the Prison Act 1977 authorising the prisoner or detainee to be absent from a prison and in force immediately before the commencement of this Act has effect as if it were a leave permit granted under section 42 of this Act.

7. Act to apply to prison sentences, &c., before commencement of Act This Act applies to all prisoners, whether or not they were sentenced before or after the commencement of this Act and whether or not at the date of the commencement of this Act there is a parole order in force in relation to them.

8. Parole Board

(1)

In this clause, former Board means the Parole Board established under the Parole Act 1975.

former Board means the Parole Board established under the Parole Act 1975.

former Board

(2)

All acts, matters and things done or omitted to be done by, or done or suffered in relation to, the former Board before the commencement of this Act have the same force and effect, on and after that commencement, as if they had been done or omitted to be done by, or done or suffered in relation to, the Board established under this Act.

(3)

Any legal or other proceedings that might before the commencement of this Act have been continued or instituted by or against the former Board may, on and after that date, be continued or instituted by or against the Board established under this Act.

9. Applications to be released on parole An application to be released on parole made by a prisoner under the Parole Act 1975 and not finally determined at the commencement of this Act is to be dealt with as if it had been made under this Act.

10. Parole orders A parole order granted in respect of a prisoner under the Parole Act 1975 and in force immediately before the commencement of this Act has effect as if it had been granted under this Act.

11. Life prisoners

(1)

In this clause, "existing life prisoner" means a person who –

(a)

is under a sentence of imprisonment for the term of the person's natural life; and

(b)

was sentenced to that term of imprisonment before the commencement of the Criminal Code Amendment (Life Prisoners and Dangerous Criminals) Act 1994; and

(c)

has not been resentenced under section 9(1) of the Criminal Code Amendment (Life Prisoners and Dangerous Criminals) Act 1994.

(2)

The eligibility of an existing life prisoner to be –

is to be determined in accordance with the Parole Act 1975 as in force immediately before the commencement of the Criminal Code Amendment (Life Prisoners and Dangerous Criminals) Act 1994.

(a)

considered for release on parole; or

(b)

released on parole –

(3)

If an existing life prisoner –

section 25(2) of the Parole Act 1975, as in force immediately before that commencement, applies to the revocation, variation, amendment or suspension of the parole order by which the prisoner was so released.

(a)

was on release on parole immediately before the commencement of the Criminal Code Amendment (Life Prisoners and Dangerous Criminals) Act 1994; or

(b)

is released on parole on or after the commencement of the Criminal Code Amendment (Life Prisoners and Dangerous Criminals) Act 1994 –

This Act’s bill:Explanatory notes Second reading speech

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