Explanatory Memorandum
(Circulated by authority of the Attorney-General and Minister for Industrial Relations, the Hon Christian Porter MP)Schedule 1 - Revocation of parole order or licence to protect safety
Crimes Act 1914
Item 1 - After paragraph 19AU(3)(b)
6. Section 19AU of the Crimes Act outlines when the Attorney-General can revoke a parole order or licence and the procedures that must be followed when doing so. Currently, unless certain circumstances apply, before revoking a parole order or licence, a person must be notified of the specific conditions of the order or licence that they are alleged to have breached and given 14 days to respond.
7. This item amends section 19AU(3) to provide that a federal offender's parole or licence may be revoked without notice if doing so is necessary to ensure the safety and protection of the community or of another person. This provides an option to revoke a person's parole or licence in circumstances that require a response before the current 14 day timeframe, but would not otherwise meet the current threshold of urgency (which implies a need for immediate action).
8. Including this in the current list of exceptions will ensure that if the Attorney-General or their delegate becomes aware that a person who has been released into the community on parole or licence poses a threat to the safety of the community or to another person, that person can be taken into custody immediately.
9. Importantly, the person is still afforded procedural fairness as they retain the opportunity under section 19AX of the Crimes Act to make a written submission to the Attorney-General as to why the parole order should not be revoked. However, during this time the person will be remanded in custody, where they cannot cause harm. If, after considering the person's submission, the Attorney-General decides to rescind the revocation order, he or she would be immediately released from prison.
Item 2 - Application provision
10. This item provides that the amendment in item 1 applies to a revocation made on or after commencement of the Bill, regardless of when the parole order was made or licence was granted.
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