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;
S. 3(1) def. of Secretary to the Department of Health inserted by No. 29/2010 s. 52(1). Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health; S. 3(1) def. of smoke inserted by No. 45/2014 s. 3. smoke means the drawing or releasing of smoke or fumes resulting from heating or burning an ignited tobacco product, and includes but is not limited to, holding or controlling an ignited tobacco product; S. 3(1) def. of spouse inserted by No. 72/2001 s. 3(Sch. item 4.1). spouse of a person means a person to whom the person is married; S. 3(1) def. of stalking intervention order inserted by No. 30/2010 s. 45(b), repealed by No. 53/2010 s. 221(Sch. item 3.1(b)). * * * * * S. 3(1) def. of inserted by No. 94/1994 s. 4(c). sub-contractor means a sub-contractor of a contractor; S. 3(1) def. of supervise inserted by No. 45/2001 s. 3(2). supervise, in relation to a prisoner or person, includes to take charge of and to hold the prisoner or person;
S. 3(1) def. of tobacco smoking accessory inserted by No. 45/2014 s. 3. tobacco smoking accessory means any smoking implement and includes but is not limited to, cigarette papers, pipes, cigarette holders, hookahs, water pipes, cigarette lighters, matches or other similar methods of ignition of a tobacco product; S. 3(1) def. of tobacco product inserted by No. 45/2014 s. 3. tobacco product means tobacco, cigarette or cigar or any other product the main ingredient of which is tobacco and which is designed for human consumption; S. 3(1) def. of transition centre inserted by No. 2/2005 s. 3. transition centre means a transition centre under Part 3; S. 3(1) def. of transport inserted by No. 45/2001 s. 3(2). transport includes escort, bring, transfer, convey, take and deliver; S. 3(1) def. of victims register inserted by No. 14/2004 s. 4. victims register means the register established under the regulations for the purpose of recording persons entitled to be given information under section 30A and to make victim submissions; S. 3(1) def. of victim submission inserted by No. 14/2004 s. 4. victim submission means a submission made under section 74A to the Adult Parole Board; volunteer means a person whose name appears in the Register of Volunteers kept under Part 4.
(i) a person acting under lawful authority on behalf of the Secretary takes physical custody of the person; or (ii) a person at a prison acting under lawful authority on behalf of the Secretary receives the person into the prison. S. 6A(1A) inserted by No. 5/2006 s. 14(2). (1A) Subsection (1) applies each time when— S. 6A(1A)(a) amended by No. 41/2015 s. 38. (a) a person who has ceased to be in the legal custody of the Secretary by force of section 6B(1)(ca) is again taken into custody and detained under the order referred to in that section; and (b) either of the events referred to in subsection (1)(b) occurs. (2) A person who enters the legal custody of the Secretary under subsection (1) is deemed to remain in that custody until that custody ceases under this Part. (3) This section applies to a person regardless of the person's age. S. 6A(4) inserted by No. 91/2009 s. 201(3). (4) A person in respect of whom a detention order or an interim detention order within the meaning of the Serious Sex Offenders (Detention and Supervision) Act 2009 has been made is deemed to be in the legal custody of the Secretary following the occurrence of either event set out in subsection (1)(b). S. 6B inserted by No. 45/2001 s. 5, amended by No. 5/2006 s. 14(4) (ILA s. 39B(1)). 6B When does legal custody of the Secretary cease? (1) A person ceases to be in the legal custody of the Secretary—
(b) under an agreement under Part 2A— except this power of delegation and the Secretary's powers under section 54A. S. 8(2) amended by No. 45/1996 s. 17(Sch. 1 item 4(a)). (2) The Secretary may under subsection (1) delegate a function, power, duty or responsibility to a person or class of persons. S. 8A inserted by No. 94/1994 s. 6. 8A Commissioner S. 8A(1) amended by Nos 45/1996 s. 17(Sch. 1 item 5), 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 45.2). (1) The Secretary may under Part 3 of the Public Administration Act 2004 employ a person to be Commissioner for the purposes of this Act. (2) The Commissioner is responsible for— S. 8A(2)(a) amended by No. 21/2008 s. 4(2). (a) assessing performance in the provision of all correctional services to achieve the safe custody and welfare of prisoners and offenders; and S. 8A(2)(b) amended by No. 45/1996 s. 17(Sch. 1 item 5). (b) exercising any other functions relating to correctional services that the Secretary may determine from time to time. (3) The Commissioner must endeavour to exercise his or her functions in relation to correctional services impartially between all providers of correctional services so far as this is consistent with the safe custody and welfare of prisoners and offenders
S. 9A(5) amended by Nos 94/1994 s. 12(3)(c), 45/1996 s. 17(Sch. 1 item 10). (5) Without limiting subsection (4), the Secretary or the Chief Commissioner of Police may refuse to give an authority— S. 9A(5)(a) amended by Nos 94/1994 s. 12(3)(c), 45/1996 s. 17(Sch. 1 item 10). (a) to any person who has not undertaken a relevant course of training or instruction accredited by the Secretary or the Chief Commissioner of Police for the purposes of this Part; or S. 9A(5)(b) amended by Nos 94/1994 s. 12(3)(c), 45/1996 s. 17(Sch. 1 item 10). (b) to any person whom the Secretary or the Chief Commissioner of Police considers not to be a fit and proper person to be so authorised for any reason including criminal record, character or educational standard. S. 9A(6) amended by Nos 94/1994 s. 12(3)(c)(d), 45/1996 s. 17(Sch. 1 item 10). (6) After giving the person a reasonable opportunity to be heard, the Secretary or the Chief Commissioner of Police may at any time revoke an authority given by him or her to that person if he or she considers that it is in the public interest to do so. S. 9A(7) amended by Nos 94/1994 s. 12(3)(c)(e), 45/1996 s. 17(Sch. 1 item 10). (7) Without limiting subsection (6), the Secretary or the Chief Commissioner of Police may revoke an authority given by him or her if— S. 9A(7)(a) amended by Nos 94/1994 s. 12(3)(c), 45/1996 s. 17(Sch. 1 item 10). (a) in the opinion of the Secretary or the Chief Commissioner of Police it ought not to have been given having regard to subsections (4) and (5); or (b) the person has failed to comply with any provision of this Act or the regulations or
S. 9D(4) amended by No. 94/1994 s. 15(2)(a). (4) A contractor or sub-contractor must give a monitor free and unfettered access at all times— S. 9D(4)(a) amended by Nos 94/1994 s. 15(2)(b)(c), 26/1997 s. 15(2). (a) to all premises, places or vehicles under the management or control of the contractor or sub-contractor (as the case requires) in accordance with, or for the purposes of, an agreement under section 8B(1), 9(1) or 9AA or a sub-contract agreement under that agreement and to all persons detained or employed there; and S. 9D(4)(b) amended by No. 94/1994 s. 15(2)(b). (b) to all documents in the possession of the contractor or sub-contractor (as the case requires) as a provider of services under this Act. S. 9E inserted by No. 11/1993 s. 4(1). 9E Minimum standards S. 9E(1) amended by Nos 94/1994 s. 16(1), 45/1996 s. 17(Sch. 1 item 13). (1) The Secretary must cause a written statement to be prepared setting out minimum standards in relation to the provision of services by a contractor under an agreement entered into under section 8B(1) or 9(1). S. 9E(2) substituted by No. 94/1994 s. 16(2). (2) The Chief Commissioner of Police must cause a written statement to be prepared setting out minimum standards in relation to the provision of services by a contractor under an agreement entered into under section 9AA. S. 9E(3) inserted by No. 94/1994 s. 16(2), amended by No. 45/1996 s. 17(Sch. 1 item 13). (3) The Secretary or Chief Commissioner of Police may from time to time amend the statement prepared by him or her.
S. 9F inserted by No. 11/1993 s. 4(1), amended by No. 94/1994 s. 17(a). 9F Application of FOI The Freedom of Information Act 1982 applies to a contractor in its capacity as a provider of services under this Act or to a sub-contractor in its capacity as a manager of a prison or police gaol under a sub-contract agreement as if— S. 9F(a) amended by No. 94/1994 s. 17(b). (a) the contractor or sub-contractor (as the case requires) were an agency within the meaning of that Act; and S. 9F(b) amended by No. 94/1994 s. 17(c). (b) the holder of the office specified in the agreement under section 8B(1), 9(1) or 9AA or in the sub-contract agreement (as the case requires) for the purposes of the application of the Freedom of Information Act 1982 were the principal officer of that agency; and (c) the Minister were the responsible Minister of that agency; and S. 9F(d) amended by No. 94/1994 s. 17(b). (d) the persons employed by the contractor or sub-contractor (as the case requires) were officers of that agency. S. 9G inserted by No. 11/1993 s. 4(1), amended by No. 94/1994 s. 18, repealed by No. 82/2012 s. 285(1). * * * * * 10 Establishment of prisons (1) The Governor in Council may by Order appoint any premises or place to be a prison.
S. 30A (Heading) amended by No. 10/2013 s. 12(1). S. 30A inserted by No. 45/2001 s. 29. 30A Victim may be given certain copies of orders and information about a prisoner S. 30A(1) substituted by No. 14/2004 s. 6. (1) In this section— S. 30A(1) def. of criminal act of violence amended by No. 53/2007 s. 15. criminal act of violence means— (a) an offence that involves an assault on, or injury or a threat of injury to, a person which is punishable by imprisonment; (b) an offence against Subdivision (8A), (8B), (8C), (8D) or (8E) of Division 1 of Part I of the Crimes Act 1958 or any corresponding previous enactment (sexual offences); (c) an offence at common law of rape or assault with intent to rape; (d) an offence against section 21A(1) of the Crimes Act 1958 (stalking) or any corresponding previous enactment; (e) an offence against section 63 of the Crimes Act 1958 (child stealing) or any corresponding previous enactment; (f) an offence against section 63A of the Crimes Act 1958 (kidnapping) or any corresponding previous enactment; (g) an offence against section 77 of the Crimes Act 1958 (aggravated burglary) or any corresponding previous enactment;
S. 54A inserted by No. 16/1991 s. 14(1). 54A Power of Secretary to withdraw privileges S. 54A(1) amended by No. 45/1996 s. 17(Sch. 1 item 36). (1) If the Secretary is satisfied that— (a) an investigation into whether a prisoner committed a prison offence is being carried out; or (b) a prisoner has been charged under section 50(5)(d) with a prison offence; or (c) steps have been taken to have an alleged prison offence dealt with under the criminal law— the Secretary may withdraw one or more of the prisoner's privileges for such period as the Secretary thinks fit. 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
(2) The Secretary may, by instrument, authorise the transfer from a police gaol to a prison of a person who is in the legal custody of the Chief Commissioner of Police under Part 1A. S. 56AB (Heading) amended by No. 26/2014 s. 455(Sch. item 6.3). S. 56AB inserted by No. 45/2001 s. 16. 56AB Legal custody of prisoners and detainees transferred to institutions and designated mental health services (1) This section applies if a prisoner in a prison or a person detained in a police gaol is transferred from the prison or police gaol to— S. 56AB(1)(a) substituted by No. 26/2014 s. 455(Sch. item 6.4). (a) a designated mental health service within the meaning of the Mental Health Act 2014 in accordance with that Act; S. 56AB(1)(b) amended by No. 23/2006 s. 235(a). (b) a residential institution within the meaning of the Disability Act 2006 in accordance with that Act; S. 56AB(1)(c) substituted by No. 23/2006 s. 235(b). (c) a residential treatment facility within the meaning of the Disability Act 2006 in accordance with that Act. (2) On a transfer referred to in subsection (1) of a prisoner or person, the prisoner or person is deemed to be in the legal custody of— S. 56AB(2)(a) amended by Nos 23/2006 s. 235(c), 26/2014 s. 455(Sch. item 6.5(a)). (a) the person specified as the person who is to have the custody of the prisoner or person under the Mental Health Act 2014, the Disability Act 2006 or the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; 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;
Pt 8 Div. 3 (Heading and ss 57, 58) substituted as Pt 8 Div. 3 (Heading and ss 57–58D) by No. 16/1991 s. 15(1). Division 3—Custodial community permits S. 57 substituted by No. 16/1991 s. 15(1), amended by Nos 45/1996 s. 17(Sch. 1 item 39), 45/2001 s. 17, substituted by No. 2/2005 s. 7. 57 Custodial community permits (1) The Secretary may issue, in accordance with this Division, the following custodial community permits to prisoners— (a) a corrections administration permit; (b) a rehabilitation and transition permit; (c) a fine default permit. (2) The Secretary may issue, in accordance with this Division, a fine default permit to a person in the custody of the Chief Commissioner of Police. S. 57A inserted by No. 2/2005 s. 7. 57A Corrections administration permit S. 57A(1) amended by No. 10/2013 s. 21(1). (1) Subject to subsection (1A), the Secretary may issue a corrections administration permit to a prisoner for any of the following purposes— (a) a purpose related to the health of the prisoner; S. 57A(1)(b) amended by No. 69/2009 s. 54(Sch. Pt 2 item 14). (b) a purpose related to the administration of justice, including (but not limited to) being under police protection on account of evidence given, or to be given, by the prisoner in a legal proceeding within the meaning of the Evidence (Miscellaneous Provisions) Act 1958;
S. 63(6A) inserted by No. 16/1991 s. 16(3). (6A) If a member who is a Magistrate ceases to be a Magistrate, the member ceases to hold office as a member. S. 63(7) amended by No. 46/1998 s. 7(Sch. 1), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 45.5), 80/2006 s. 26(Sch. item 20.1). (7) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member in respect of the office of member. (8) The appointment as a member of the Board of a Judge of the Supreme Court or the County Court does not affect the tenure of office, rank, status or the remuneration rights or privileges of the Judge as the holder of office as a Judge, and for all purposes, service as a member of the Board by a Judge is to be regarded as service as a Judge. S. 63(8A) inserted by No. 10/2013 s. 23(2). (8A) The appointment as a member of the Board of an Associate Judge of the Supreme Court does not affect the tenure of office, rank, status or the remuneration rights or privileges of the Associate Judge as the holder of office as an Associate Judge, and for all purposes, service as a member of the Board by an Associate Judge is to be regarded as service as an Associate Judge. S. 63(9) amended by Nos 16/1991 s. 16(4), 10/2013 s. 23(3). (9) A member of the Board (other than a Judge of the Supreme Court or County Court, an Associate Judge of the Supreme Court or a Magistrate) is entitled to receive— (a) such remuneration as is fixed by the Governor in Council; and
(b) the prisoner must for 24 hours of each day be electronically monitored and wear an electronic monitoring device fitted to him or her at the direction of the Board or the Secretary; S. 74(5A)(c) amended by No. 52/2015 s. 43. (c) the prisoner must not tamper with, damage, disable or remove any electronic monitoring device or equipment used for the electronic monitoring of the term or condition; (d) the prisoner must accept any visit by the Secretary to the place where the prisoner resides, at any time that it is reasonably necessary and for any purpose including to install, repair, fit or remove any electronic monitoring device or equipment used for the electronic monitoring of the term or condition. S. 74(5B) inserted by No. 12/2014 s. 14(3). (5B) If an electronic monitoring requirement is attached to a term or condition of a parole order, the Board or Secretary may give the prisoner such directions as the Board or Secretary considers necessary for the electronic monitoring of the compliance of the term or condition. S. 74(5C) inserted by No. 12/2014 s. 14(3). (5C) A prisoner on parole must comply with a condition to which the parole order is subject under subsection (5A) unless the prisoner has a reasonable excuse. Penalty: 3 months imprisonment or 30 penalty units or both. S. 74(6) amended by No. 45/1996 s. 17(Sch. 1 item 47). (6) If the terms and conditions of a parole order require a prisoner to be under supervision, the Secretary must assign an officer to supervise the prisoner and may from time to time assign other officers to supervise the prisoner in place of the officer first assigned.
(7) A prisoner released on parole must during the parole period comply with the terms and conditions of the parole order. (8) As soon as possible after making a determination revoking or cancelling a parole order the Board must give a copy of the determination to the prisoner including the reasons for the determination. S. 74(8A) inserted by No. 69/2005 s. 26(2), substituted by No. 26/2014 s. 455(Sch. item 6.7). (8A) The Board may make a parole order for a person who is detained in a designated mental health service under a Court Secure Treatment Order or Secure Treatment Order, but the parole order does not take effect until the person is discharged as a security patient under the Mental Health Act 2014. S. 74(9) amended by Nos 69/2005 s. 26(3), 26/2014 s. 455(Sch. item 6.8). (9) In this and the succeeding sections of this Division prisoner includes a person serving a sentence of imprisonment and a person who is subject to a Court Secure Treatment Order or Secure Treatment Order. S. 74AA inserted by No. 18/2014 s. 3. 74AA Conditions for making a parole order for Julian Knight (1) The Board must not make a parole order under section 74 in respect of the prisoner Julian Knight unless an application for the order is made to the Board by or on behalf of the prisoner. S. 74AA(2) amended by No. 41/2015 s. 19. (2) The application must be lodged with the secretary of the Board. (3) After considering the application, the Board may make an order under section 74 in respect of the prisoner Julian Knight if, and only if, the Board— S. 74AA(3)(a) amended by No. 41/2015 s. 36. (a) is satisfied (on the basis of a report prepared by the Secretary to the Department) that the prisoner—
(2) The sole function of the SVOSO division is to decide whether or not to release a prisoner on parole in respect of a sexual offence or a serious violent offence. (3) An order under section 74 that a prisoner be released on parole in respect of a sexual offence or a serious violent offence may only be made by the SVOSO division. (4) Subsection (3) applies whether the prisoner was sentenced to imprisonment in respect of the offence before or after this section comes into operation. (5) The SVOSO division may only make an order that a prisoner be released on parole in respect of a sexual offence or a serious violent offence if— (a) another division of the Board has recommended that parole be granted; and (b) the SVOSO division has considered the recommendation. (6) For the purposes of subsection (5), a member of the SVOSO division must not have sat as a member of the division making the recommendation. (7) After considering the recommendation of another division of the Board, the SVOSO division may refuse to make an order that a prisoner be released on parole in respect of a sexual offence or a serious violent offence even if the recommendation is that the prisoner be released on parole. (8) In this section, serious violent offence and sexual offence have the same meaning as in section 77(9).
sexual offence means an offence listed in Schedule 1 to the Serious Sex Offenders (Detention and Supervision) Act 2009; violent offence means an offence listed in Schedule 3. S. 77A inserted by No. 15/2013 s. 3. 77A Revocation of cancellation (1) If the Board has cancelled a prisoner's parole it may at any time by a further order revoke the cancellation. (2) The Board may by order revoke the cancellation of a prisoner's parole under section 77(6) if it is satisfied that exceptional circumstances exist. (3) A parole order revives on the making of the order revoking the cancellation of the parole. (4) The Board must not make an order revoking an order cancelling a prisoner's parole if a warrant has been issued under section 77B unless the Board is satisfied that the warrant will not be executed. S. 77B inserted by No. 15/2013 s. 3. 77B Return of prisoner to prison on cancellation of parole (1) If a prisoner's parole is cancelled or taken to be cancelled, the Board may— S. 77B(1)(a) amended by No. 37/2014 s. 10(Sch. item 32.12). (a) authorise any police officer, by warrant signed by the Secretary or a member of the Board, to break, enter and search any place where the prisoner is reasonably believed to be and to arrest the prisoner and return the prisoner to prison; or
(b) require the registered medical practitioner, psychiatrist, psychologist or any other person whom the Board believes may be able to do so to give a report in writing to the Board. S. 78 amended by Nos 49/1991 s. 119(7) (Sch. 4 item 3.7), 31/2014 s. 9 (ILA s. 39B(1)). 78 Prisoners may be released on parole more than once (1) The Board may again release a prisoner on parole although the prisoner's parole has been cancelled on a previous occasion or on previous occasions in respect of the same prison sentence but if the prisoner has been sentenced to another prison sentence the Board must not release the prisoner on parole until the prisoner has served the nonparole period or, if no non-parole period is fixed, the prison sentence. S. 78(2) inserted by No. 31/2014 s. 9. (2) Subsection (3) applies to a prisoner— (a) whose parole has or is taken to have been cancelled under section 77; and (b) who is convicted of an offence that— (i) is punishable by imprisonment; and (ii) was committed during the parole period. S. 78(3) inserted by No. 31/2014 s. 9. (3) The Board must not make a parole order under section 74 in respect of the prisoner unless the prisoner has served— (a) a further term of imprisonment equal to half of the parole period remaining at the time the prisoner's parole was cancelled; or (b) in the case of a prisoner sentenced to be imprisoned for the term of his or her natural life—3 years imprisonment from the time the prisoner's parole was cancelled.
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. S. 79H inserted by No. 49/2006 s. 7. 79H Information-sharing between the Secretary and the Victorian Registrar Despite any other law to the contrary— (a) the Secretary must notify the Victorian Registrar of the name (including any other name by which he or she is or has previously been known), date of birth and residential address or addresses of any prisoner on parole; and (b) if the Secretary has given notification under paragraph (a) in respect of a prisoner on parole, the Secretary must notify the Victorian Registrar as soon as practicable of any cancellation or deemed cancellation of that prisoner's parole. Pt 8 Div. 7 (Heading and ss 79I–79K) inserted by No. 49/2006 s. 7. Division 7—Warrants S. 79I inserted by No. 49/2006 s. 7. 79I Execution of warrants A warrant issued under this Part must be executed by the use of the original warrant or by the use of a copy of the original warrant, including a copy transmitted by facsimile machine.
(b) in the case of a warrant issued by a magistrate, to the principal registrar of the Magistrates' Court. Pt 8A (Heading and ss 80–84E) inserted by No. 94/1994 s. 22. New s. 80 inserted by No. 94/1994 s. 22. 80 Definitions In this Part— corresponding Director in relation to a participating State, means the officer responsible for the administration of prisons in that State; interstate law means a law that under an Order in force under section 81 is declared to be an interstate law for the purposes of this Part; participating State means any State in which an interstate law is in force; S. 80 def. of permit amended by No. 2/2005 s. 8(4). permit means a custodial interstate community permit issued under this Part; State includes the and the . New s. 81 inserted by No. 94/1994 s. 22, substituted by No. 38/2003 s. 5. 81 Interstate laws The Governor in Council may, by Order published in the Government Gazette, declare that a law of a State other than is an interstate law for the purposes of this Part.
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; S. 85 def. of officer amended by Nos 11/1993 s. 7(1)(f), 23/1994 s. 118(Sch. 1 item 14.6), 24/2006 s. 6.1.2(Sch. 7 item 10.2), 13/2010 s. 51(Sch. item 16.6), 76/2013 s. 24. officer means a person who is— (a) a Regional Manager; or (b) a community corrections officer; or (c) a volunteer who is working at a location; or (d) working at a location 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 (e) a member of a prescribed class of persons who works at a location as a psychiatrist, registered medical practitioner, dentist, nurse, midwife or health worker; region means an area or several areas designated under this Part.
S. 90(7) amended by No. 81/2005 s. 8(a)(b). (7) A Regional Manager or a community corrections officer may use reasonable force to compel an offender to obey a direction, if he or she believes on reasonable grounds that the use of force is necessary— (a) to prevent the offender or another person being killed or seriously injured; or (b) to prevent serious damage to property. (8) If a community corrections officer uses force to compel an offender to obey a direction, the officer must report the fact to the Regional Manager as soon as possible. S. 90(9) amended by No. 45/1996 s. 17(Sch. 1 item 57). (9) The Regional Manager must as soon as possible report to the Secretary— (a) the use of force by the Regional Manager to compel an offender to obey a direction; and (b) the use of force by a community corrections officer, if that officer has reported the fact to the Regional Manager. S. 91 amended by Nos 45/1996 s. 17(Sch. 1 item 58), 35/2002 s. 8(3), repealed by No. 10/2013 s. 31. * * * * * 92 Additional duties of Regional Manager (1) The Regional Manager of a region is responsible for the management good order and security of the locations in the region. S. 92(2) amended by No. 49/1991 s. 119(7) (Sch. 4 item 3.8). (2) The Regional Manager of a region must take reasonable steps to ensure that officers working in the region have access to information as to what their powers and duties are and what provision is
agreement includes compromise and acceptance of an offer of compromise; award of damages means damages— (a) awarded pursuant to a judgment of a court; or (b) paid or payable in accordance with an agreement between the parties to the agreement; civil wrong means an act or omission of the State— (a) that gives rise to a claim by a prisoner against the State; and (b) that occurred while the claimant was a prisoner detained in custody in a prison; and (c) that arose out of and in connection with his or her detention in custody in a prison; claim means a claim brought in tort, in contract or under statute or otherwise; court includes tribunal; criminal act has the meaning given in section 104Q; damages includes any form of monetary compensation; family member has the same meaning as in section 30A; initial quarantine period, in relation to a prisoner compensation quarantine fund, means the period of 12 months following the publication in the Government Gazette of the notice in respect of the fund under section 104Y;
(j) information concerning— (i) security systems and security measures in, or in relation to, a prison; or (ii) security measures taken to protect the community from offenders; (k) information given to an independent prison visitor as an independent prison visitor; S. 104ZX def. of relevant person amended by No. 41/2015 s. 36. relevant person means— (a) an officer within the meaning of Part 5 or Part 9; (b) a member of the Adult Parole Board; (c) an independent prison visitor; (d) an employee of the Department; (e) a person who provides services or advice to the Department whether paid or unpaid; (f) a contractor or subcontractor or an employee of a contractor or subcontractor. S. 104ZY inserted by No. 10/2013 s. 35. 104ZY Authorisation to use or disclose information S. 104ZY(1) substituted by No. 41/2015 s. 8. (1) A relevant person may use or disclose personal or confidential information if the use or disclosure is reasonably necessary for— (a) the performance of the official duties of the relevant person or any other relevant person; or (b) the performance by the relevant person or another person of any of the following functions or duties—