PAROLE BOARD OF TASMANIA
2012-13 ANNUAL REPORT
Letter to the Minister
The Hon Nick McKim
Minister for Corrections and Consumer Protection
Marine Board Building
Hobart TAS 7000
Dear Minister,
In accordance with the requirements of the Corrections Act 1997 the Parole Board submits its Annual Report for the year ended 30th June 2012.
Section 64 of the Act requires the Board to report to the Minister for Corrections on:
(a) the number of prisoners released on parole during the financial year and the number of prisoners returned to prison by reason of the revocation of their release on parole; and
(b) the general activities of the Board under the Act during the financial year and any matters affecting the operation of the Act that the Board thinks appropriate to include in the report.
Yours faithfully,
Marica Duvnjak
Chairman Parole Board
31 October 2013
Table of Contents
1. Chairman’s Message - 4 -
2. Secretary’s Report - 6 -
3. Legislative Framework for the Operation of The Parole Board - 7 -
4. Membership of the Parole board - 8 -
5. Meetings of The Parole Board - 9 -
6. Functions and Responsibilities of the Parole Board - 9 -
7. Release on parole - 10 -
8. Conditions of release on parole - 13 -
9. Variation of parole order conditions - 13 -
10. Breaches of Parole - 13 -
11. Prison programs - 15 -
12. Appendices - 16 -
Table 1 – Parole Applications Considered and Associated Outcomes - 16 -
Table 2 – Section 70 Applications (Exceptional Circumstances) - 16 -
Table 3 – Parole Performance - 16 -
Table 4 – Addressing Non-Compliance - 17 -
Table 5 – Parole Board Correspondence - 17 -
Table 6 – Interstate Parole Transfers - 17 -
Table 7 – Sex Offenders - 17 -
- 2 -
Parole Board of Tasmania . Annual Report 2013
1. Chairman’s Message
Chairman’s Message
It has been a busy and challenging year for the Parole Board. While statistically there have been less applications for parole and in particular a reduction in the number of prisoners being released on parole there has been an increase in the number of applications before the board for variations of existing parole orders as well as an increase in the volume of correspondence and information and progress reports provided to the Board with respect to parolees.
The role of parole as part of the Criminal Justice System has come under considerable media scrutiny following the Jill Meagher case in Victoria and release of the report into the Victorian Parole System by the former High Court Justice Ian Callinan commissioned by the Victorian Government. There have been calls in all jurisdictions for a rethink of the way in which decisions to release prisoners to parole are made.
It must be acknowledged however that the Corrections Act 1997 which governs parole in Tasmania is in many respects quite different from the Victorian legislation.
In Tasmania all applicants for parole are interviewed by the Board before a determination to deny or grant parole is made. In almost all cases the applicant is interviewed in person and on many occasions more than once before parole is granted. In some cases the hearing of an application for Parole is by video link where access to or transport of an applicant is an issue.
Pursuant to the requirements of the Corrections Act the Board prepares written reasons with respect to each determination of the Board on an application for parole. The written decision with respect to every successful application for parole is published on the Justice Department website. Every written decision of the Board denying parole to an applicant is not publically available but is made available to the applicant.
Conditions imposed by the Board with respect to a grant of parole often include restrictions such as the imposition of curfews, requirements to attend drug and alcohol counselling, restrictions relating to attendance at licensed premises, consumption of alcohol and non-association with co-offenders and known criminals. Conditions may also relate to specific restrictions requested by registered victims.
Where a parolee breaches his conditions of parole or where the Board is advised, usually by the supervising parole officer of that parolee, that there are concerns regarding the conduct of the parolee, the Board has the power to issue a notice requiring the parolee to attend before the Board so that the Board can interview the parolee as to his conduct, or alternatively the Board has the power to issue a warrant for the parolees arrest.
The Board has the discretion to confirm or revoke parole and vary parole conditions as the Board deems appropriate after having heard from the parolee.
Parole is automatically revoked in circumstances where the parolee has been sentenced to imprisonment for an offence committed during a period of parole. This is regardless of whether the parolee is appealing such sentence.
The risk of a parolee reoffending whilst on Parole is a significant issue with respect to any consideration of Parole and is one of the criteria the Board is required to take account of, as is consideration of the protection of the community.
However rehabilitation of the applicant is also a relevant criterion. The question for our community is whether it is in society’s interest to release offenders into our community unsupervised and without support or guidance on the completion of their sentence or to allow in appropriate circumstances supervised release subject to strict conditions for a period of time which exceeds the prisoners earliest release date from prison.
Limited accommodation for prospective parolees remains a significant problem. Stable and appropriate accommodation is an essential factor in the Board’s determination and consideration for parole. Suitable accommodation assists Community Corrections in the supervision of the parolee on parole and it provides additional protection to the community in that during parole the location of the parolee is known. Also and importantly a stable and supportive environment promotes the rehabilitation of the parolee.
The opening of the minimum-security cottages at Risdon prison earlier this year is a positive and welcome initiative to better prepare prisoners for release. Applicants for parole who are long-term prisoners and who may have become institutionalised are likely to benefit from the gradual exposure to a more normal way of life that being housed at the cottages may afford them.
This year also saw the introduction of the Parole Awareness Program designed to better inform prisoners of the parole process which we hope will result in a reduction in the number of adjournments required due to an applicant’s failure to adequately address issues raised by the Board.
A number of new programs currently in the process of being implemented should also allow prisoners to at least attempt to address their offending behaviour by participation prior to their release on parole.
I would once again like to acknowledge and thank the hard work and dedication of my fellow Parole Board Members and Deputy Members and the invaluable assistance of the Parole Board Secretary Ms Liz Hawkes.
The Board continues to have productive and progressive dialogue with Deputy Secretary of the Department of Justice, the Director of Community Corrections and the Director of Prisons.
In particular I would like to thank Ginna Webster for the support and assistance provided to the Board during her time as Director of Community Corrections.
The Board acknowledges the importance and ongoing support and contribution of the Probation Officers from the Department of Community Corrections, Tasmania Police who assist the Board to monitor parole condition compliance, the Victims Assistance Unit which ensures Victims issues are before the Board and the role of the non government organisations who provide essential support services for prisoners, parolees and their families. Without the assistance of all of these parties the Board’s ability to carry out its statutory functions would be significantly impacted.
- 2 -
Parole Board of Tasmania . Annual Report 2013
Chairman Parole Board
- 2 -
Parole Board of Tasmania . Annual Report 2013
2. Secretary’s Report
Secretary’s Report
The Parole Board has again had another busy year and has continued to work effectively and efficiently to achieve its outcomes.
Ms Anne Perks retired from her position as Deputy Chairperson as did Deputy Member, Ms Margaret Murray. I would like to thank both of them for their dedicated commitment to the Parole Board and their contributions towards the successful completion of the boards business.
We have welcomed Ms Leigh Mackey to the position of Deputy Chairperson and Ms Kim Barker to the position of Deputy Member. We all look forward to working with both our new members.
Numerous meetings were held during the year and a total of 195 applicants were considered for parole. 76 new parole orders were granted, 29 were refused, 7 withdrew there applications and 10 inmates chose not to apply for parole.
The correspondence received by the Board has again increased with a total of 81 Orders Varied and 83 other items of correspondence were dealt with.
As referred to in last years Annual Report, we have been able to begin the roll out of the Parole Awareness Course for prisoners. This course is delivered in the prison by the resident Probation Officer located at Risdon Prison and myself. The course provides a detailed presentation about how to apply for parole and covers the obligations and requirements for prisoners should they be granted parole. It also provides information to the inmates as to what the Parole Board considers relevant and useful when making a decision whether to grant parole.
Our new Web based administration system designed to provide safe and secure access to Parole Board files is rolling on. It is expected to be up and running by the end of November 2013. I am looking forward to rolling this out as it will enable Parole Board Members to have remote access to all the board’s files relevant to each meeting. Access will be available 24 hours a day. I would like to thank the Justice IT Department for their continual work in building this new initiative.
This year we have devised a significant Parole Professional Development Program for Parole Board Members. Its aim is to provide further education and professional development for the Parole Board Members. The Course was held over 2 days.
The first day included presentations from the TPS and covered all aspects of an inmates progression through the prison system including initial classification of the prisoner, his/her progression through the classification system, programs available to assist inmates, therapeutic services, and finally the work done by the Integrated Offender Management Unit (IOM) who prepare and support the parolees as they progress to life outside prison.
The second day focused on what occurs once a parolee is released into the community.
Community Corrections (CC) supervise parolees once they are released. Often this supervision entails twice weekly visit to the Probation Officer who may direct the individual to other services depending on their needs and risk factors.
We looked at programs offered by CC and these include Sober Driver, and Getting Smart programs.
This was closely followed by a number of presentations by Non Government Organisations (NGOS) who also provide significant support to parolees. These include Holyoake, Post Release Options Program (PROP), Bethlehem House, The Salvation Army - Bridge and Excel Programs, Reintegration for Ex-Offenders (REO).
I would like to thank all participants for their presentations and we hope to maintain strong ties with all these NGOS in the future.
We continue to maintain very strong and productive ties with the TPS , Victims Assistance Unit ,Tasmania Police and Community Corrections.
Special thanks should go to the Director of Community Corrections and her staff, whose professional and timely delivery of services allows the Parole Board to function to its best capacity.
Special thanks should also be given to the Director of the TPS, whose staff always provide excellent support to the Parole Board and are very generous in providing their time to assist the Board in any way in a difficult environment.
Special Thanks should also go to Tasmania Police who have built stronger ties with the Parole Board during the last 12 months.
Thanks should also go to the Victims Assistance Unit, who often under difficult circumstances are able to ensure victims’ issues are presented to the Board.
Finally, I would like to thank the Parole Board Members who without their excellent support, patience and willingness to be flexible, has ensured a very successful year.
Liz Hawkes
Parole Board Secretary
- 2 -
Parole Board of Tasmania . Annual Report 2013
3. Legislative Framework for the Operation of The Parole Board
The operation and functions of the Parole Board (“the Board”) are regulated by the Corrections Act 1997 (“the Act”). Section 62 of the Act provides:
62. (1) The Parole Board is established.
(2) The Board consists of 3 persons appointed by the Governor, of whom ─
(a) one is to be a person who has practised as a legal practitioner or barrister of the Supreme Court or of a Supreme Court of any part of the Commonwealth other than this State for at least 7 years and has never been suspended from practice, had his or her name removed from, or struck off, the role of that Court or has been disbarred; and
(b) 2 are to be persons whom the Governor is satisfied or experienced in matters associated with sociology, criminology, penology or medicine or who possess any other knowledge or experience that the Governor considers is appropriate for the purpose.
(3) The chairperson of the Board is to be appointed by the Governor from among the members of the Board.
(4) Schedule 2 has effect in respect of the membership and meetings of the Board.
Schedule 2 of the Corrections Act 1997 deals with the membership and meetings of the Board. Members are appointed for a period not exceeding 3 years and the appointment of a Deputy Chairperson and Deputy Members is authorised. Three members constitute a quorum at a meeting and questions arising are determined by a majority of votes of the members present and voting. The Board is not bound by the rules of evidence and may inform itself in any manner it thinks fit.