Prisoners (Release for Deportation) Act 1989

In this Act, unless the contrary intention appears —

a prison as defined in section 3 of the Prisons Act 1981;

any place where a person is detained in safe custody;

a detention centre as defined in section 3 of the Young Offenders Act 1994;

serving a term of imprisonment, or being detained during the Governor’s pleasure, in a prison for an offence against the law of the State, or another State, or a Territory; or

being detained in safe custody;

In this Act a reference to detention during the Governor’s pleasure shall be construed so as to include a reference to detention in safe custody.

In this section safe custody means safe custody during the Governor’s pleasure pursuant to an order made —

under section 19(6a)(a) of The Criminal Code before the commencement of section 31 of the Acts Amendment (Imprisonment and Parole) Act 1987; or

under section 653 or 693(4) of The Criminal Code.

Where a deportation order is made in respect of a prisoner, the Prisoners Review Board shall, subject to subsection (2), furnish a written report to the Minister containing a recommendation as to whether or not an order for release should be made in respect of the prisoner.

The Prisoners Review Board shall not furnish a report under subsection (1) in respect of a prisoner (within the meaning of paragraph (a) of the definition of that term in section 3(1)) unless the circumstances are such that the prisoner could be released from prison on parole under an order made under the Sentence Administration Act 2003.

In a report furnished under subsection (1) the Prisoners Review Board shall give express attention to whether, if a deportation order had not been made in respect of the prisoner, the prisoner would have been considered suitable for release from prison, having regard to —

the nature and circumstances of the offence in respect of which the prisoner is serving a term of imprisonment or is being detained during the Governor’s pleasure;

the degree of risk that the release of the prisoner would have appeared to present to the community or to any individual in the community; and

such other matters as the Prisoners Review Board thinks fit.

Where a report furnished under subsection (1) contains a recommendation that an order for release be made in respect of a prisoner, the Governor may by order in writing direct that the prisoner be released from prison into the custody of a person or persons specified in the order for the purpose of deportation, and the prisoner shall be released accordingly.

An order for release —

shall specify the period of time within which the prisoner is to be deported; and

is subject to such conditions, if any, as are specified in the order.

Notwithstanding section 20 of the Sentence Administration Act 2003, the Prisoners Review Board is not required to make an order directing that a prisoner be released from prison on parole if an order for release is in force in respect of that prisoner.

The Governor may by order in writing at any time before the deportation of a prisoner released under section 4(4) vary or revoke an order for release.

If —

the deportation of a prisoner released under section 4(4) has not been effected within the period of time specified in the order for release; or

the deportation order in respect of such a prisoner is revoked,

Where an order for release is revoked or ceases to have effect the prisoner shall be returned to prison to serve the unexpired portion of his or her term of imprisonment or to be further detained during the Governor’s pleasure, as the case may be, unless the prisoner is otherwise released.

For the purposes of subsection (3), a Judge or a District Court Judge may, whenever necessary, by warrant authorise a member of the Police Force to apprehend the prisoner and return the prisoner to a prison specified in the warrant, and the warrant is sufficient authority for the apprehension of the prisoner and the return of the prisoner to the prison so specified.

Where a prisoner is returned to prison in accordance with subsection (3) the period spent by the prisoner in the custody of the person or persons referred to in section 4(4) shall be regarded as time served in respect of his or her term of imprisonment or detention during the Governor’s pleasure, as the case may be.

In the case of a sentence of strict security life imprisonment or life imprisonment a reference in this section to serving the unexpired portion of a term of imprisonment shall be construed as a reference to resuming the service of the sentence.

shall be regarded as having served his or her term of imprisonment or detention during the Governor’s pleasure in a prison, as the case may be; and

by force of this section is wholly discharged from that imprisonment or detention and in the case of an habitual criminal ceases to be an habitual criminal.

This section applies to a person required to be detained under a custody order under the Criminal Law (Mental Impairment) Act 2023 (a CLMI Act person) who is not otherwise a prisoner under this Act.

This Act has effect in relation to CLMI Act persons as if —

a reference to a prisoner included a reference to a CLMI Act person; and

a reference to a prison, in relation to a CLMI Act person, were a reference to the place where the person is required to be detained under the custody order; and

a reference to the Prisoners Review Board, in relation to a CLMI Act person, were a reference to the Mental Impairment Review Tribunal established under the Criminal Law (Mental Impairment) Act 2023; and

a reference to detention during the Governor’s pleasure, in relation to a CLMI Act person, were a reference to being required to be detained under the custody order.