13 Jan 2014

Australian prison release conditions do not apply here

8:59 am on 13 January 2014

The Criminal Bar Association says any Australian parole conditions imposed on a New Zealand sex offender will not be enforcible when he is deported to New Zealand.

The man, 48, who cannot be named, is serving a prison sentence of 8½ years in Melbourne after pleading guilty to five charges of incest and a charge of performing an indecent act on a girl under 16.

A tribunal has decided he must be deported upon release. He has lived in Australia since 1985.

The Criminal Bar Association says both countries would have to change their legislation before the man could be subject to Australian parole conditions in New Zealand.

President Tony Bouchier says that means New Zealand will not be able to make the man live at a certain address, undergo counselling or keep to a curfew.

But, he says, there is nothing stopping New Zealand police from monitoring him.