S. 3(1) def. of contractor inserted by No. 11/1993 s. 4(2), substituted by No. 94/1994 s. 4(a), amended by No. 45/1996 s. 17(Sch. 1 item 1(a)). contractor means— (a) a party to an agreement with the Minister under section 8B(1); or (b) a party to an agreement with the Secretary under section 9(1); or (c) a party to an agreement with the Chief Commissioner of Police under section 9AA(1); S. 3(1) def. of correctional order amended by Nos 44/1991 s. 6(a), 49/1991 s. 119(7) (Sch. 4 item 3.2(a)(b)), 11/1993 s. 7(1)(a), 65/1997 s. 81(a), 45/2001 s. 23(1), 2/2002 s. 12, 53/2003 s. 11(2), 32/2006 s. 90(1), 30/2010 s. 45(a), 48/2011 s. 3(a), 65/2011 s. 107(Sch. item 2.3), 55/2014 s. 144. correctional order means any of the following— (a) a community-based order; (aa) a community correction order, within the meaning of the Sentencing Act 1991; (ab) a community work permit within the meaning of the Infringements Act 2006; (b) a parole order; (c) an old intensive correction order, within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991; (d) a direction under section 107(1)(a) of the Sentencing Act 1991 that a person be released on giving an undertaking that has as a condition that the person be under the supervision of a community corrections officer; (e) a direction under section 107(1)(b) of the Sentencing Act 1991 that a person be released on parole; (f) a supervision order under section 26 or 38ZH of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that includes a condition with respect to supervision
powers under this Act or the regulations of a Governor, prison officer, Regional Manager and community corrections officer in relation to the service and prisoners and offenders for the period of appointment. S. 8F(5) amended by No. 45/1996 s. 17(Sch. 1 item 7). (5) The Secretary must provide the administrator with any assistance necessary to the carrying out of his or her functions under this section. (6) This section applies despite anything to the contrary in the agreement. S. 8G inserted by No. 94/1994 s. 7. 8G Building work S. 8G(1) repealed by No. 10/2013 s. 8(1). * * * * * S. 8G(2) amended by No. 10/2013 s. 8(2). (2) Sections 23, 30, 47 and 73 of the Building Act 1993 do not apply in relation to any permit, approval, amendment, plan or other document relating to building work carried out or to be carried out under an agreement under section 8B(1)(a). Pt 2A Div. 2 (Heading) inserted by No. 94/1994 s. 8. Division 2—Management agreements New s. 9 inserted by No. 11/1993 s. 4(1). 9 Management agreements
S. 9(1) amended by Nos 94/1994 s. 9(1)(a)(i)(ii), 45/1996 s. 17(Sch. 1 item 8). (1) The Secretary may, for and on behalf of the Crown, enter into an agreement with a person or body for the provision by that person or body of any correctional services. (2) The agreement must provide for— (a) compliance by the contractor with all relevant provisions of this Act or the regulations or of any other Act or instrument of a legislative character; (b) objectives and performance standards in relation to the provision of the services; S. 9(2)(c) repealed by No. 94/1994 s. 9(1)(b)(i). * * * * * S. 9(2)(d) amended by No. 94/1994 s. 9(1)(b)(ii). (d) the fees, costs and charges to be paid to the contractor; S. 9(2)(e) amended by No. 94/1994 s. 9(1)(b)(iii). (e) the submission of periodic reports in relation to the contractor's operations; S. 9(2)(f) repealed by No. 94/1994 s. 9(1)(b)(iv). * * * * * S. 9(2)(g) substituted by No. 94/1994 s. 9(1)(b)(v), amended by No. 45/1996 s. 17(Sch. 1 item 8). (g) an indemnity by the contractor in favour of the Crown and the Secretary;
behalf of the person to whom legal custody is to be transferred; S. 9A(1B)(c) inserted by No. 45/2001 s. 8(1). (c) to exercise all or any of the following powers in relation to the functions set out in paragraph (b)— (i) to order a person being transported to do or not to do anything which the authorised person believes on reasonable grounds is necessary for the safety of the authorised person, the person being transported or any other person; (ii) to search and examine a person being transported or any thing in the person's possession or under the person's control if the authorised person believes on reasonable grounds that this is necessary for the safety of the authorised person, the person being transported or any other person; (iii) to seize any thing found on a person being transported or in that person's possession or under that person's control if the authorised person believes on reasonable grounds that this is necessary for the safety of the authorised person, the person being transported or any other person; (iv) subject to subsection (2A), to apply an authorised instrument of restraint to a person being transported if the authorised person believes on reasonable grounds that the application of the instrument of restraint is necessary to prevent the
S. 9B inserted by No. 11/1993 s. 4(1). 9B Police inquiry and report S. 9B(1) substituted by No. 94/1994 s. 13(1), amended by No. 45/1996 s. 17(Sch. 1 item 11). (1) Before— (a) the Minister enters into an agreement under section 8B(1); or S. 9B(1)(b) amended by No. 45/1996 s. 17(Sch. 1 item 11). (b) the Secretary enters into an agreement under section 9(1); or S. 9B(1)(c) amended by No. 45/1996 s. 17(Sch. 1 item 11). (c) the Secretary authorises a person under section 9A(1) to exercise any functions or powers— the Secretary must request the Chief Commissioner of Police to inquire into and report to him or her on the character, honesty and integrity of any relevant person. S. 9B(1A) inserted by No. 94/1994 s. 13(1). (1A) Before the Chief Commissioner of Police— (a) enters into an agreement under section 9AA; or S. 9B(1A)(b) amended by No. 26/1997 s. 12(4). (b) authorises a person under section 9A(1A) or (1B) to exercise any functions or powers— the Chief Commissioner of Police must inquire into the character, honesty and integrity of any relevant person.
S. 14 def. of officer amended by Nos 23/1994 s. 118(Sch. 1 item 14.1), 45/1996 s. 7(a), 24/2006 s. 6.1.2(Sch. 7 item 10.1), 13/2010 s. 51(Sch. item 16.2), 76/2013 s. 23. officer means a person who is— (a) a Governor; or (b) a prison officer; or (c) a volunteer; or (d) working in a prison or with prisoners and who is— (i) an employee in the public service; or (ii) an employee in the teaching service; or (iii) a member of staff of a TAFE institute within the meaning of the Education and Training Reform Act 2006; or (iv) a member of staff of a dual sector university within the meaning of the Education and Training Reform Act 2006; or * * * * * (f) a member of a prescribed class of persons who works in a prison as a psychiatrist, registered medical practitioner, dentist, nurse, midwife or health worker. Division 2—Work 15 Authorized persons may act as prison officers
S. 15(1) amended by Nos 45/1996 s. 17(Sch. 1 item 15), 37/2014 s. 10(Sch. item 32.3). (1) The Secretary may by instrument authorize a police officer or a class of police officers to exercise in accordance with the regulations all or any of the powers of a prison officer. (2) An authority may be given subject to such conditions and limitations as are stated in the authority. S. 16 (Heading) inserted by No. 10/2013 s. 9(1). 16 Secretary may authorize medical practitioner to act as principal medical officer or medical officer S. 16(1) amended by Nos 23/1994 s. 118(Sch. 1 item 14.2), 45/1996 s. 17(Sch. 1 item 16), 97/2005 s. 182(Sch. 4 item 13.1), 13/2010 s. 51(Sch. item 16.3), substituted by No. 10/2013 s. 9(2). (1) If there is no principal medical officer or medical officer appointed for a prison or the principal medical officer or medical officer for the prison is absent, the Secretary may by instrument authorize a registered medical practitioner to act as principal medical officer or medical officer (as the case may be) for that prison while the relevant position is vacant or until the return of the relevant officer. S. 16(2) amended by Nos 45/1996 s. 17(Sch. 1 item 16), 46/1998 s. 7(Sch. 1), 29/2010 s. 52(2). (2) Before authorizing a person to act as medical officer the Secretary must consult with the Secretary to the Department of Health. (3) An authority under subsection (1) may be given subject to such conditions and limitations as are stated in the authority.
S. 30 amended by Nos 16/1991 s. 5, 11/1993 ss 4(3), 7(1)(d), 94/1994 s. 20, 45/1996 s. 17(Sch. 1 item 23), 45/2001 s. 28, 35/2002 s. 8(1)(2), 14/2004 s. 5, 5/2006 s. 14(8), 50/2008 s. 5, 64/2010 s. 15, repealed by No. 10/2013 s. 11, new s. 30 inserted by No. 41/2015 s. 9. 30 Electronic monitoring of prisoners (1) The Governor of a prison may order a prisoner to be electronically monitored for any period of each day, including 24 hours of each day, if the Governor considers it necessary to do so for the security or good order of the prison or the safety and welfare of the prisoner or other persons. (2) The following conditions apply to an order given under subsection (1)— (a) the prisoner must for the period of each day specified in the order wear an electronic monitoring device fitted to him or her at the direction of the Governor; (b) the prisoner must not tamper with, damage or disable the electronic monitoring device or other equipment used for the electronic monitoring; (c) the prisoner must comply with any direction given by the Governor or a prison officer under subsection (3). (3) The Governor or a prison officer may give the prisoner any directions the Governor or prison officer considers necessary for the electronic monitoring of the prisoner. (4) A prisoner who is subject to an order under this section must comply with the conditions under subsection (2) unless the prisoner has a reasonable excuse not to do so. Penalty: 30 penalty units or 3 months imprisonment or both.
S. 30G(b) inserted by No. 49/2006 s. 5(10), amended by Nos 91/2009 s. 204, 41/2015 s. 25. (b) the person against whom the relevant offence was committed for which the offender is or was subject to a supervision order or detention order, or an application for a supervision order or detention order. S. 30H inserted by No. 14/2004 s. 8. 30H Confidentiality of information A person included on the victims register and that person's nominee (if any) to whom information is disclosed under section 30A by the Secretary must treat that information in an appropriate manner that respects the confidential nature of the information. S. 30I inserted by No. 14/2004 s. 8. 30I Offence to publish information disclosed under section 30A in electronic or print media S. 30I(1) amended by No. 49/2006 s. 5(11)(a). (1) A person must not publish in the electronic or print media or cause to be published in the electronic or print media any information relating to the personal affairs of a prisoner or offender if that person knows that the information has been disclosed under section 30A. 60 penalty units, in the case of a natural person; 1200 penalty units, in the case of a body corporate.
S. 32(4A) inserted by No. 16/1991 s. 8, amended by No. 37/2014 s. 10(Sch. item 32.5). (4A) A prison officer who has apprehended a person pursuant to subsection (4) must as soon as possible deliver the person to the custody of a police officer to be dealt with according to law. (5) The Crimes Act 1958 (except section 458(1) and 458(2)) applies to the apprehension of a person under this section as if the person were found committing an offence within the meaning of section 458(1)(a) of that Act. Division 2—Access to prisons 33 Definitions In this Division— S. 33 def. of independent prison visitor inserted by No. 10/2013 s. 13(b). independent prison visitor means an independent prison visitor appointed under this Division; S. 33 def. of official visitor repealed by No. 10/2013 s. 13(a). * * * * * S. 33 def. of visitor amended by Nos 45/1996 ss 7(b), 17(Sch. 1 item 25), 82/2012 s. 285(2), 10/2013 s. 13(c), 37/2014 s. 10(Sch. item 32.6). visitor means any of the following persons— (a) a judge of the Supreme Court; (b) a judge of the County Court; (c) a magistrate; * * * * * (e) an independent prison visitor; (f) an Ombudsman officer (within the meaning of the Ombudsman Act 1973);
S. 47(1)(j) amended by No. 45/1996 s. 17(Sch. 1 item 31), substituted by No. 45/2001 s. 32(a), amended by No. 10/2013 s. 17(2). (j) the right to make complaints concerning prison management to the Minister, the Secretary, the Commissioner, the Governor, an independent prison visitor, the Ombudsman, the Health Services Commissioner and the Human Rights Commissioner; (k) the right to receive at least one visit which is to last at least half an hour in each week under section 37; (l) the right to be classified under a classification system established in accordance with the regulations as soon as possible after being sentenced and to have that classification reviewed annually; S. 47(1)(m) substituted by No. 45/2001 s. 32(b). (m) subject to sections 47A and 47B, the right to send letters to, and receive letters from, the following people without those letters being opened by prison staff— S. 47(1)(m)(i) amended by No. 10/2013 s. 17(3). (i) the Minister, the Secretary, the Commissioner or an independent prison visitor; (ii) a member of Parliament; S. 47(1)(m)(iii) amended by No. 18/2005 s. 18(Sch. 1 item 22.3). (iii) a lawyer representing the prisoner, or from whom the prisoner is seeking legal advice; (iv) the Ombudsman; (v) the Health Services Commissioner; (vi) the Human Rights Commissioner; S. 47(1)(m)(vii) substituted by No. 41/2015 s. 14(1). (vii) the Independent Broad-based Anticorruption Commission established under section 12 of the Independent
Broad-based Anticorruption Commission 2011; S. 47(1) (m)(viii) inserted by No. 41/2015 s. 14(1). (viii) the Victorian Inspectorate established under section 8 of the Victorian Inspectorate Act 2011; S. 47(1)(m)(ix) inserted by No. 41/2015 s. 14(1). (ix) the Victorian Legal Services Commissioner appointed under section 51 of the Legal Profession Uniform Law Application Act 2014; S. 47(1)(m)(x) inserted by No. 41/2015 s. 14(1). (x) the Freedom of Information Commissioner appointed under Part IA of the Freedom of Information Act 1982; S. 47(1)(m)(xi) inserted by No. 41/2015 s. 14(1). (xi) the Mental Health Complaints Commissioner appointed under section 226 of the Mental Health Act 2014; S. 47(1)(m)(xii) inserted by No. 41/2015 s. 14(1). (xii) the Commissioner for Privacy and Data Protection appointed under section 96 of the Privacy Data Protection Act 2014; S. 47(1) (m)(xiii) inserted by No. 41/2015 s. 14(1). (xiii) the Victorian Equal Opportunity and Human Rights Commission continued in existence by section 154 of the Equal Opportunity Act 2010; S. 47(1) (m)(xiv) inserted by No. 41/2015 s. 14(1). (xiv) any person authorised to act on behalf of a person or body listed in paragraph (iv), (v), (vi), (vii), (viii), (ix), (x), (xi), (xii) or (xiii); S. 47(1)(m)(xv) inserted by No. 41/2015 s. 14(1). (xv) a person or body prescribed by the regulations;
50 Prison offences S. 50(1) amended by Nos 16/1991 s. 11(3), 45/2001 s. 34(1). (1) If an officer within the meaning of Part 5 or an escort officer suspects that a prisoner has committed a prison offence the officer must as soon as possible report the fact to the disciplinary officer. S. 50(2) amended by No. 16/1991 s. 11(3). (2) The disciplinary officer must make proper investigation of all alleged prison offences which come to the officer's notice and must give the prisoner alleged to have committed the offence an opportunity of making an explanation. S. 50(3) amended by No. 16/1991 s. 11(3). (3) If after investigating an alleged prison offence the disciplinary officer is satisfied that no offence has been committed the disciplinary officer is to take no further action. S. 50(4) amended by No. 16/1991 s. 11(3). (4) If after investigating an alleged prison offence the disciplinary officer is satisfied that the offence has been committed but is trivial, the disciplinary officer need take no further action. S. 50(5) amended by No. 16/1991 ss 11(3), 12(a)(i). (5) Subject to subsection (4) if after investigating an alleged prison offence the disciplinary officer is satisfied that the prisoner has committed the offence the disciplinary officer must record the offence in the register of offences and may, in addition, do one of the following— (a) reprimand a prisoner; or (b) withdraw one of the prisoner's privileges for less than 14 days; or S. 50(5)(c) repealed by No. 16/1991 s. 12(a)(ii). * * * * *
S. 54A(2) amended by No. 45/1996 s. 17(Sch. 1 item 36). (2) The Secretary may only withdraw a prisoner's privileges under subsection (1) if he or she is satisfied that it is necessary to do so in the interests of the management, good order and security of the prison concerned. (3) The withdrawal of privileges under subsection (1) does not affect the imposition of any other penalties under this Part or under the criminal law in respect of the prison offence. Pt 8 (Heading) amended by No. 44/1991 s. 6(g). Division 1—Definitions 55 Definitions (1) In this Part— S. 55(1) def. of approved programme repealed by No. 45/1996 s. 15. * * * * * Board means the parole board established under this Part; parole period means a period beginning on the day on which a person is released from prison on parole and ending at the end of the person's prison sentence; S. 55(1) def. of pre-release permit repealed by No. 44/1991 s. 6(h). * * * * *
S. 55(1) def. of presiding deputy chairperson inserted by No. 12/2014 s. 7. presiding deputy chairperson means— (a) if only one member of the Board is appointed as a deputy chairperson, that deputy chairperson; or (b) if more than one member of the Board is appointed as a deputy chairperson— (i) the deputy chairperson nominated by the chairperson of the Board; or (ii) if no deputy chairperson has been nominated or the nominated deputy chairperson is absent or unable to act— (A) the deputy chairperson chosen by the procedure determined by the chairperson; or (B) if no procedure has been determined or the deputy chairperson chosen is absent or unable to act, the deputy chairperson nominated by the Secretary; S. 55(1) def. of prison sentence amended by Nos 44/1991 s. 6(i), 49/1991 s. 119(7) (Sch. 4 item 3.4(a)(b)). prison sentence in relation to a person means the total of the following sentences or nonparole periods which have been imposed or determined in relation to the person, reduced as provided for under this or any other Act— (a) if a non-parole period has not been fixed in relation to a sentence of imprisonment—the sentence of imprisonment; (b) if a non-parole period has been fixed in relation to a sentence of imprisonment
S. 56AB(2)(b) amended by No. 26/2014 s. 455(Sch. item 6.5). (b) in the case of a transfer referred to in subsection (1)(a), if no person is specified under the Mental Health Act 2014, the authorised psychiatrist of the designated mental health service; S. 56AB(2)(c) amended by No. 23/2006 s. 235(c). (c) in the case of a transfer referred to in subsection (1)(b) or (1)(c), if no person is specified under the Disability Act 2006, the chief executive of the place to which the prisoner or person is transferred. (3) A transfer referred to in subsection (1) of a prisoner or person occurs when the person who is to have legal custody of the prisoner or person, or a person acting under lawful authority on behalf of the person who is to have legal custody, accepts physical custody of the prisoner or person. Note to s. 56AB amended by Nos 23/2006 s. 235(d), 48/2006 s. 42(Sch. item 8.3), 26/2014 s. 455(Sch. item 6.6). Note Specific provision for the transfer or return of prisoners and other people can be found in sections 270, 291, 292, 306, 307 and Division 3 of Part 15 of the Mental Health Act 2014, in sections 161, 166, 177 and 178 of the Disability Act 2006 and in Part 5.6 of the Children, Youth and Families Act 2005 (this list is not exhaustive). S. 56AC inserted by No. 2/2005 s. 6. 56AC Transfers to and from transition centres (1) The Secretary may, by instrument, direct the transfer of a prisoner from a prison to a transition centre, or from a transition centre to a prison. (2) The Secretary may only direct the transfer of a prisoner to a transition centre if— (a) the Secretary is satisfied that adequate consideration has been given to the security and good order of the transition centre and the safety and welfare of the prisoner and members of the public; and
Board established under Part IV of the Crimes Act 1958. (4) A reference in an Act other than this Act or in a subordinate instrument or document to the Parole Board or Adult Parole Board is, on the commencement of this section, deemed to be a reference to the Board established by this section. S. 61(5) amended by No. 16/1987 s. 4(3)(Sch. 1 item 7(f)). (5) All proceedings pending before the Adult Parole Board established under Division 4 of Part VIII of the Community Services Act 1970 immediately before the commencement of this section may be continued and completed by the Board established by this section, as if those proceedings were commenced under this Act and are not affected by the enactment of this section. S. 61(6) amended by No. 16/1987 s. 4(3)(Sch. 1 item 7(f)). (6) The Judge of the Supreme Court who, immediately before the commencement of this section, was a member of the Adult Parole Board established under Division 4 of Part VIII of the Community Services Act 1970 is deemed to have been appointed as the chairperson of the Board established by this section. S. 61(7) inserted by No. 16/1991 s. 16(1)(d). (7) The Adult Parole Board is the same body after the commencement of section 16 of the Corrections (Prison Management and Prisoners) Act 1991 as it was before that commencement despite the changes in its membership made by that section. S. 61(8) inserted by No. 62/2013 s. 4(2). (8) In this section— intermediate court means a court of another State or a Territory of equivalent status to the County Court; superior court means— (a) the High Court; or (b) the Federal Court; or (c) the Family Court; or
(d) the Supreme Court of another State or a Territory. S. 61A (Heading) amended by No. 12/2014 s. 10(1). S. 61A inserted by No. 62/2013 s. 5. 61A Chairperson and deputy chairpersons (1) The Governor in Council must appoint a member of the Board appointed under section 61(2)(a), (b) or (da) (other than a retired Magistrate) to be chairperson of the Board. S. 61A(2) amended by No. 12/2014 s. 10(2). (2) The Governor in Council may appoint one or more members of the Board appointed under section 61(2)(a), (b) or (da) (other than a retired Magistrate) to be deputy chairperson of the Board. S. 61A(3) amended by No. 12/2014 s. 10(3). (3) If the chairperson is unable to perform the duties of office, is absent or the office of the chairperson is vacant, the presiding deputy chairperson must act as chairperson and while acting has the functions, powers and duties of the chairperson. 62 Deputy members S. 62(1) amended by No. 16/1991 s. 16(2), substituted by No. 62/2013 s. 6(1). (1) The Governor in Council may appoint a member of the Board appointed under section 61(2)(a), (b) or (da) (other than a retired Magistrate) to act as chairperson while— (a) the chairperson is unable to perform the duties of office, is absent or the office of the chairperson is vacant; and S. 62(1)(b) amended by No. 12/2014 s. 11. (b) there is no deputy chairperson who is able to perform the duties of office or who is not absent or the office of the deputy chairperson is vacant. S. 62(2) amended by Nos 45/1996 s. 17(Sch. 1 item 43(a)), 62/2013 s. 6(2). (2) If a member (other than the chairperson, deputy chairperson or the Secretary) is unable to perform the duties of a member or is absent or the office of a member is vacant the Governor in Council may, on any recommendation which is necessary for the appointment of a member of that kind, appoint a
S. 65 amended by Nos 16/1991 s. 16(6), 10/2013 s. 26, substituted by No. 62/2013 s. 8. 65 Chairing of meetings (1) The chairperson is to preside at meetings of the Board at which the chairperson is present, except where the Board meets as a Division of the Board. S. 65(2) amended by No. 12/2014 s. 12(1). (2) In absence of the chairperson, the presiding deputy chairperson is to preside at meetings of the Board at which the deputy chairperson is present, except where the Board meets as a Division of the Board. S. 65(3) amended by No. 12/2014 s. 12(2). (3) In the absence of the chairperson and the presiding deputy chairperson, the acting chairperson is to preside at meetings of the Board at which the acting chairperson is present, except where the Board meets as a Division of the Board. S. 65(4) amended by No. 12/2014 s. 12(2). (4) In the absence of the chairperson, the presiding deputy chairperson and acting chairperson, a member appointed under section 61(2)(a), (ab), (b) or (c) chosen in accordance with the procedure determined by the chairperson is to preside at meetings of the Board, except where the Board meets as a Division of the Board. 66 Meetings S. 66(1) amended by Nos 91/2009 s. 208(1), 62/2013 s. 9, 12/2014 s. 13, 31/2014 s. 5(1). (1) Subject to sections 64A and 74AAB, the Board must meet at such times and places as are fixed by the regulations and at such other times and places as are fixed by the chairperson or the presiding deputy chairperson or acting chairperson. (2) The following questions which may arise at a meeting of the Board are to be decided by the person presiding at the meeting alone— (a) whether a question is a question of fact or of law;
(ii) the change of name relates to the name of the prisoner on parole; and (b) the Victorian Registrar has not received a copy of the notice of approval of the Board to the application under section 79D. S. 79E(2) amended by No. 41/2015 s. 19. (2) If the Victorian Registrar does not register a change of name because of the operation of subsection (1), the Victorian Registrar must give written notice of the application to the secretary of the Board. S. 79F inserted by No. 49/2006 s. 7. 79F Registrar may correct Register Without limiting section 43 of the Births, Deaths and Marriages Registration Act 1996, the Victorian Registrar may correct the Register under that section if— (a) the name of a prisoner on parole on the Register was changed because of a change of name application; and (b) the Board had not approved that change of name application under section 79C. S. 79G inserted by No. 49/2006 s. 7. 79G Lapse of application on cancellation of parole A change of name application under this Division by or on behalf of a prisoner on parole lapses if— S. 79G(a) amended by No. 15/2013 s. 6(a). (a) the prisoner's parole is cancelled or taken to be cancelled under section 77; and (b) the Victorian Registrar has not registered the change of name before that cancellation.
escorting the person to the second State and returning him or her to the first State. S. 84D (Heading) inserted by No. 38/2003 s. 9(1). S. 84D inserted by No. 94/1994 s. 22. 84D Apprehension of prisoner who escapes or fails to return etc. S. 84D(1) amended by No. 37/2014 s. 10(Sch. item 32.14). (1) A person in the custody of an escort pursuant to section 84C who escapes from that custody may be apprehended without warrant by the escort, any police officer or any other person. S. 84D(1A) inserted by No. 38/2003 s. 9(2), amended by No. 37/2014 s. 10(Sch. item 32.14). (1A) A person who enters Victoria under a permit issued by a participating State permitting the person to travel without an escort to, or through, Victoria may be apprehended without warrant in Victoria by any police officer or anyone else if the person fails— (a) to return to the participating State as required by the terms of the permit; or (b) to comply with any other term of the permit. S. 84D(2) substituted by No. 38/2003 s. 9(3). (2) If— (a) a person is apprehended under subsection (1) or (1A); or (b) a person in custody under section 84C has attempted to escape— the person may be taken before the Magistrates' Court. S. 84D(2A) inserted by No. 38/2003 s. 9(3). (2A) The Magistrates' Court may, despite the terms of any permit issued under an interstate law, by warrant—
Pt 8B Div. 2 (Heading and ss 84I–84P) inserted by No. 45/1996 s. 3, amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 45.6), 80/2006 s. 26(Sch. item 20.2). repealed by No. 21/2008 s. 5. * * * * * Division 1—Definitions 85 Definitions In this Part— S. 85 def. of act of misconduct amended by No. 45/1996 s. 17(Sch. 1 item 55(a)). act of misconduct means an offender's contravention of this Act, the regulations, or a direction of the Secretary, a Regional Manager or an officer, which is declared by the regulations to be an act of misconduct; S. 85 def. of community corrections programme amended by No. 45/1996 s. 17(Sch. 1 item 55(b)). community corrections programme means a programme or series of programmes approved by the Secretary under this Part;
(a) to prevent the person or another person being killed or seriously injured; or (b) to prevent serious damage to property. S. 104I(1A) inserted by No. 52/2015 s. 45(2). (1A) In compelling the monitored person under subsection (1) to obey a direction, a specified officer may apply an authorised instrument of restraint to the monitored person if the specified officer believes on reasonable grounds that the application of the instrument of restraint is necessary to prevent the monitored person or another person being killed or seriously injured. S. 104I(2) amended by No. 52/2015 s. 45(3). (2) If a community corrections officer or specified officer uses force to compel the person to obey a direction, he or she must report that fact to his or her Regional Manager as soon as possible. S. 104I(2A) inserted by No. 52/2015 s. 45(4). (2A) If a specified officer applies an authorised instrument of restraint to compel the person to obey a direction, the specified officer must report that fact to the specified officer's Regional Manager as soon as possible. (3) The Regional Manager must as soon as possible report to the Secretary— (a) the use of force by the Regional Manager to compel the monitored person to obey a direction; and S. 104I(3)(b) amended by No. 52/2015 s. 45(5)(a)(b). (b) any use of force by a community corrections officer or specified officer to compel the monitored person to obey a direction that has been reported to the Regional Manager; and S. 104I(3)(c) inserted by No. 52/2015 s. 45(5)(c). (c) any application of an authorised instrument of restraint by a specified officer to compel the monitored person to obey a direction that has been reported to the Regional Manager.
body corporate, that person is deemed to have committed the offence also and is liable to be proceeded against and punished accordingly. (3) This section applies only with respect to an offence alleged to have been committed after the commencement of section 10 of the Corrections (Further Amendment) Act 2004. S. 106 amended by Nos 16/1987 s. 4(3)(Sch. 1 item 7(i)), 45/1996 s. 17(Sch. 1 item 65(a)(b)). 106 Judicial notice of signatures If by or under this Act or the Community Services Act 1970 the Secretary or an officer within the meaning of Part 5 or Part 9 of this Act is required or authorized to sign a document, all courts must take judicial notice of the Secretary's or the officer's signature on that document. S. 107 amended by Nos 16/1987 s. 4(3)(Sch. 1 item 7(j)), 45/1996 s. 17(Sch. 1 item 66(a)(b)). 107 Construction of references In— (a) an Act other than this Act; or (b) a subordinate instrument other than a subordinate instrument made under this Act; or (c) a document which is not an Act or a subordinate instrument— a reference to "the Director of Children's Welfare", "the Director-General of Social Welfare", "the Director-General of Community Services", "the Director of Probation and Parole", "the Chief Probation Officer" or "the Chief Parole Officer" is— S. 107(d) amended by No. 46/1998 s. 7(Sch. 1). (d) if the matter to which the reference relates is after the commencement of this section or by virtue of the Community Services (Director-General of Corrections) Act 1983 within the responsibilities of the Secretary, deemed to refer to the Secretary; and
Amending Act/s: Fines Reform Act 2014, No. 47/2014 255 Definitions In section 3(1) of the Corrections Act 1986, in paragraph (ab) of the definition of correctional order, for "Infringements Act 2006" substitute "Fines Reform Act 2014". —— Health Complaints Act 2016, No. 22/2016 164 Definitions In section 3(1) of the Corrections Act 1986— (a) the definition of Health Services Commissioner is repealed; (b) insert the following definition— "Health Complaints Commissioner means the Commissioner within the meaning of the Health Complaints Act 2016;". 165 Prisoners rights In section 47(1) of the Corrections Act 1986— (a) in paragraph (j), for "Health Services Commissioner" substitute "Health Complaints Commissioner"; (b) in paragraph (m)(v), for "Health Services Commissioner" substitute "Health Complaints Commissioner". 166 Certain confidential letters may be inspected In section 47B(2)(b) of the Corrections Act 1986, for "Health Services Commissioner" substitute "Health Complaints Commissioner".