Parole Board of Tasmania Annual Report 2014-15

Parole Board of Tasmania

2014-2015 Annual Report

Letter to the Minister

The Hon Vanessa Goodwin MLC

Minister for Corrections, Attorney General, Minister for Justice, Minister for the Arts

Leader of the Government in the Legislative Council

Level 10, 10 Murray Street

Hobart, 7000

Dear Minister,

In accordance with the requirements of the Corrections Act 1997 the Parole Board submits its Annual Report for the year ended 30June 2015.

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,

Leigh Mackey

Deputy Chairman, Parole Board

31 October2015

Table of Contents

1.Chairman Message

3.Secretary’s Report

4.Legislative Framework for the Operation of the Parole Board

5.Membership of the Parole Board

6.Meetings of the Parole Board

7.Functions and Responsibilities of the Parole Board

8.Release on parole

9.Conditions of release on parole

10.Variation of Parole Order conditions

11.Revocation of Parole

12.Appendices

Table 1 – Parole Applications Considered and Associated Outcomes

Table 2 – Section 70 (Exceptional Circumstances) Applications

Table 3 – Parole Performance

Table 4 – Addressing Non-Compliance

Table 5 – Parole Board Correspondence

Table 6 – Interstate Parole Transfers

Table 7 – Sex Offenders

Appendix A

Parole Board of TasmaniaAnnual Report, 2015

1.ChairmanMessage

Parole Board Deputy Chairman: Leigh Mackey

It has been another challenging year for the Parole Board (Board) and all those who assist the Board to fulfil its statutory functions.

Ms Marica Duvnjak resigned from her position as Chairperson of the Parole Board to take up a positionas Principal Crown Counsel of the Civil Division at the Office of the Director of Public Prosecutions. We wish her well in her new endeavours and wish to recognise and thank her for the work she has undertaken on and for the Board over the many years of her service. It now falls to me as the Deputy Parole Board Chair to finalise the Annual Report.

The Corrections Act 1997 has now been amended to include provision for a new Member. As amended the Act now requires one member to have experience in victim issues, as well as other requirements. This is a significant change to the Act and reflects the need for a louder voice for victims when applications for parole are being considered.

The year 2014-2015 hasseen a similar number of applicants for parole considered by the Board as compared to the 2013-2014 reporting period.

As noted in the 2013-2014 Annual Report, the Board’s consideration of correspondence relating to parolees remains a significant resourcedraindue to the time taken at Board meetings to give proper consideration to the issues raised in correspondence and the increased workload burden thisimposes on the supervising Probation Officer and Community Corrections staff generally. The volume of correspondence has again increased this year.

This year a Parole Awareness Program has been delivered. Whilst the implementation of this program has assisted in better preparing prisonersto make their applications and understand the processes associated with hearing and determining the same, a number of concerning factors are impacting on the Board’s ability to determine the applications for parole it receives.

One factor remains the absence ofavailable andappropriate accommodation for prisoners who wouldotherwise be considered as suitable to be released on parole. Stable and suitable accommodation is acentral factor in the Board’sdetermination of an application for parole. Its importance is bothto promote rehabilitation, as well asassist a parolee’s supervision and thereby enhance community protection. The number of prisonerswho are eligiblefor parole but arewithout suitable accommodation has increased.

With the closure of the Post Release Options Program’s (PROP)and now the closure of the Salvation Army Reintegration of Ex-Offenders (REO) Program few avenues remain for parolees to obtain accommodation prior to leaving Prison. Other than suitable family or acquaintance options the only alternative possible now is through Housing Connect.Whilst inmates can access this service prior to release, their application does not become “active” until post release. Effectively this means the Parole Board is still unable to consider parole as no accommodation has been secured and assessed by Community Corrections prior to release.

Appropriate and supported accommodation has been shown to significantly affect the likelihood of an offender successfully completing a period of parole and assists with reducing recidivism. Further resourcing is required to address what is clearly becoming a serious issue.

The number of offenders presenting before the Board with drug related and mental health issues is ever increasing.

The Board has found it necessary toengageConsultant Psychologists and Psychiatrists to interview applicants and prepare reports addressing factors relevant to parole to enable sufficient consideration to be given to those applications where mental health issues and degree of criminality are significant. This is a costly and time consuming exercise with determination of parole applications being delayed for lengthy periods pending receipt of reports.

Rehabilitation program placement availability during incarceration has also been an issue for applicants for parole, particularly those subject to shorter sentences of imprisonment. The desirability of prisoners completing rehabilitation programs designed to address issuescontributing to their offending behaviour, such as drug addiction and anger management, prior to their release cannot be overstated.

It is hopeful the new in house Drug Treatment Program located in the prison will assist in providing the Board with a new report to assist it in determining applications for Parole.

While completion statistics have been improving for some years it is pleasing to note that most prisoners sentenced for sex offences are now voluntarily completing the New Directions Sex Offenders Treatment Program prior to making an application for parole.

The New Directions program is now also available to offenders who continue to deny their offending. It is a reduced module program and usually provided on a one to one basis.

Community Corrections will also role out a Community based Sex offender intervention which will provide ongoing support for offenders in this category.

The much anticipated roll out in 2014 of a new web based management system has enabled a more secure and efficient system of accessing information relevant to the Board’s functions and roles. As implementation has taken a considerable period of time to achieve I would like to thank all those involved and acknowledge the patience and dogged determinationof Parole Board Secretary Ms Hawkes in seeing the roll out to its conclusion.

The Board continues to meet regularly with the Deputy Secretary of Justice, the Director of Prisons and the Director of Community Corrections to ensure issues relevant to all parties are raised discussed and progressed. These meetings enable a frank, open and productive dialogue and I thank all involved for their time and effort. The Board is grateful for the ongoing assistance provided by the Department of Justice andprincipally Community Corrections and the Tasmanian Prison Service.

The Board also acknowledges the ongoing assistance and support of Tasmania Police who assist the Board by monitoring compliance of parole conditions, the Victim’s Assistance Unit which provides information to the Board to ensure victim’s concerns are considered and addressed and the important role of non-government organisations who continue to provide essential services and assistance to offenders and their family’s pre and post release.

Lastly I would like to acknowledge and thank my fellow Board Members, Deputy Members and Parole Board Secretary, Ms Liz Hawkes for their commitment, hard work and dedication.

Leigh Mackey

Chairman Parole Board

Parole Board of TasmaniaAnnual Report, 2015

Parole Board of TasmaniaAnnual Report, 2015

3.Secretary’s Report

Parole Board Secretary: Liz Hawkes

The 2014-15financial year has been a successful and busy year for the Board.

In May 2015, the Chairperson, Ms Duvnjak, resigned from the Board after she was appointed Principle Crown Counsel with the Director of Public Prosecutions – Civil Division, in May 2015.

Ms Leigh Mackey, Deputy Chairperson of the Board has stepped into the role Chairperson until a new full time Chair is appointed by the Governor. The appointment of a new Chairperson is likely in October 2015.

We wish Ms Duvnjak well in her new position and thank her for her dedicated and hands on approach to her former position as Chair. She will be sorely missed.

Numerous Board hearings were conducted during the year and a total of 233 applications were considered by the Board (some applicants were listed on a number of occasions). There were 77 new Parole Orders granted. A total of41 applications were refused, 9 withdrew their applications and 9 prisoners chose not to apply for parole.

Correspondence to the Board has again increased from previous years. Correspondence includes applications to vary parole conditions, parolee progress reports during their parole periods, and reports from probation officers where parole orders have been breached.

Orders are varied for a variety of reasons including,relaxation of curfews for employment purposes, and enabling parolees to have more flexible social restrictions where appropriate.

Usually when a breach occurs the Board has a number of options. It can require the parolee to attend before the Board where the Board will decide the severity of the breach and either vary, suspend or revoke the parole order.

We have continued the Parole Awareness program for inmates applying for parole. The feedback for this program from prison staff and inmates continues to be supportive and is invaluable for inmates who intend to apply for parole.

I continue to attend the prison, time permitting, to read the parole orders to those inmates who have been granted parole. This ensures the prisoner understands his/her obligations with regard to their parole order once released into the community. The order is then discussed at their first appointment with their Probation Officer to reinforce the parolee’s obligations under their order.

Community Corrections (CC) Probation Officer, supervise the parolee once they are released from prison. CC has a robust case management system tailored to each and every parolee’sneeds. Prior to release into the community a comprehensive risk/needs assessment is completed to assist in the management of the parolee.

A comprehensive plan is drawn up to both assist and manage the reintegration of the parolee back into the community.

I take this opportunity to thank the Director of Community Corrections (CC) and her staff for their hard work and dedication in providing comprehensive Pre-Parole Reports to the Boardand managing parolees whilst they are on a parole order.

However, not all parolees complete their order successfully. The timely reporting by CC staff enables the Board to instigate breach action and mitigate any damage caused to the community.

The role of a Probation Officer can be a challenging and rewarding role that often results in the parolee completing their order successfully.

Special thanks should go to The Director of the Tasmanian Prison Service (TPS) and his correctional staff who continue to provide the Board with excellent support when required.

The TPS has undergone significant change over the last few years and they have continued to bevery generousin supporting and accommodating the needs of the Board in challenging times.

I would also like to thank the non-correctionalTPSstaff, in the Sentence Management,Support, and Reintegration Unit, who continue to provide substantial Programs Reports and comprehensive Prison Reports to the Boardto assist in determining applications for parole.

We continue to maintain a good working relationship with Tasmania Police and a closer workingrelationship between Tasmania Police, CC and the Parole Board Secretary has enabled breach action to be managed and reported in a very short time frame.

Special thanks should also go to Victims Support Services (VSS) particularly the Victim’s Assistance Unit (VAU) who continually provide Victim Impact Statements from victims who may be affected as a result of the prisoners offending behaviour.

I would also like to thank a number of Non-Government Organisations (NGOS). The Salvation Army – Bridge and Excel Programs, REO, whose tireless support for those in and out of the prison system have been able to assist the Board in assessing an application for parole.

Lastly, I thank all the Board Members,the former Chairperson, and the new acting Chair, who without their continued support, co-operation and patience would make may position much more difficult.

Liz Hawkes

Parole Board Secretary

Parole Board of TasmaniaAnnual Report, 2015

4.Legislative Framework for the Operation of the Parole Board

The operation and functions of the Board are regulated by the Corrections Act 1997 (“the Act”).Section 62 of the Act provides:

62. (1)The Board is established.

(2)The Board consists of three 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 seven 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) Two 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 Actdeals with the membership and meetings of the Board. Members are appointed for a period not exceeding three 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.

5.Membership of the Parole Board

During the period covered by this Annual Report the Board consisted of the following Members and Deputy Members:

Chairman and Member: Marica Duvnjak

Ms Duvnjak was appointed as a Member of the Board in May of 2009 and Chairman of the Board in June 2011. Ms Duvnjak completed her Bachelor of Arts/Law in 1993 at the University of Tasmania, majoring in Psychology. Ms Duvnjak’s tertiary qualifications in psychology included studying aspects of deviant and antisocial behaviour, recidivism and rehabilitation.

Ms Duvnjak was admitted as a practitioner of the Supreme Court of Tasmania in 1995 and has 18 years of experience working in private legal practice. She is currently a Senior Associate with Gunson Williams. Her areas of practise principally involve litigious legal work including commercial litigation; employment and discrimination law;workplace health and safety law; building and construction law; and estate litigation.

Deputy Chairman: Leigh Mackey

Leigh Mackey was appointed as Deputy Chairperson of the Board on the 24 April 2013. She is a partner in the practice Ogilvie Jennings and is a Barrister and Solicitor specialising in personal injury litigation. In addition to her full time legal practice, Leigh currently occupies positions on the WorkCover Board, the Tasmanian Medical Board, and the Integrity Assurance Board and teaches the Workers Compensation module of the Legal Practice Course for legal graduates. Ms Mackey also serves as a member of the Law Foundation and the Civil Disbursement Fund and is Chairperson of the Hockey South Tribunal.

Member: Leon Kemp

Mr Kemp was appointed a Member of the Board in June 2003. He was a member of Tasmania Police for 33 years prior to retiring in October 2002, where he served in both general uniform duties and criminal investigations. Mr Kemp also served for the Australian Civilian Police on Cyprus as a member of the UN Peace Keeping Force. Mr Kemp is a past president of the Police Federation of Australia and the Police Association of Tasmania. He is a recipient of the UN Medal, Police Overseas Medal, Australian Police Medal and the Commissioner’s Medal awarded for diligent and ethical service. Mr Kemp is a past member of the Police Review Board in Tasmania and the Police Arbitral Tribunal in the Northern Territory. He is also a former Derwent Valley Councillor.

Member: Greg Geason

Mr Geason was admitted to legal practice in 1987. He began his legal career as a Crown Prosecutor and entered private practice in 1990. He has practised predominantly in the Federal Court, Supreme Court, Family Court, the AAT, AIRC and the Tasmanian Industrial Commission. Mr Geason now practices as a Barrister from Michael Kirby Chambers. He is a formerPresident of the Law Society of Tasmania, member of the Local Government Authority of Tasmania Standards Panel and Chair of the Law Society Continuing Professional Development Committee. Mr Geason is now the Chairman of the Resource Management and Planning Appeal Tribunal.

Deputy Member: Geoff Storr

Mr Geoff Storr has had a long career in the corrections field. This has included an initial appointment as the Probation Officer for the West Coast and later the Huon/Channel district. He has served as the Manager of the Hobart office of Community Corrections and following a period as Acting State Manager Community Corrections, was appointed permanently to the position in 1996. At that time, the State Manager was also responsible for the administration of the Parole Board, Interstate Parole Order Transfers and the administration of Services to Victims of Crime. Mr Storr was responsible for the latter stages of development and subsequent implementation of those elements of the Sentencing and Corrections Acts of 1997 which relate to Community Corrections and Parole.