104T Determination of amounts for medical and legal costs 269 104U Matters to be considered by court 269 Division 3—Payment of money to prisoner compensation quarantine fund 270 104V Damages awarded to prisoner to be paid to prisoner compensation quarantine fund 270 104W Prisoner compensation quarantine funds 271 Division 4—Notice of prisoner compensation quarantine fund 272 104X Victim may ask to be notified of award of damages to prisoner 272 104Y Notice to victims published 272 104Z Notice to victims directly 273 104ZA Applications for information 273 104ZB Disclosure of information by Secretary authorised 274 104ZC Confidentiality of information 275 104ZD Offence to disclose information 275 104ZE Notice to Secretary by victim 276 104ZF Notice to Secretary by creditors 276 Division 5—Payments out of prisoner compensation quarantine fund 277 104ZG Payments out of fund where legal proceedings notified 277 104ZH Payments out of fund where notice from creditor received 278 104ZI Restriction not to affect payment of administration costs 279 104ZJ Payments out of fund where no notice given 279 104ZK Payments taken to be payments at direction of prisoner 279 104ZL When are legal proceedings finally determined 280 Division 6—General 280 104ZM Offence to provide false or misleading information 280 104ZN Annual report 280 Part 9D—Accident compensation 281 104ZO Definition 281 104ZP Application of Part 281 104ZQ When is compensation payable? 281 104ZR Compensation for personal injuries 282 104ZS Compensation for loss of or damage to property 283 104ZT Jurisdiction 284 104ZU Authority to represent Crown 284 104ZV Compensation otherwise payable 284 104ZW Payments 284
S. 3(1) def. of pat-down search inserted by No. 10/2013 s. 4(1). pat-down search means a search of a person during which the person's clothed body is touched; S. 3(1) def. of personal safety intervention order inserted by No. 53/2010 s. 221(Sch. item 3.1(a)) personal safety intervention order means— (a) a personal safety intervention order within the meaning of the Personal Safety Intervention Orders Act 2010; or (b) an intervention order within the meaning of the Stalking Intervention Orders Act 2008 (as in force immediately before its repeal); or (c) an order made under section 4 of the Crimes (Family Violence) Act 1987 of a kind referred to in section 21A(5) of the Crimes Act 1958, both as in force immediately before their repeal; S. 3(1) def. of police custody officer inserted by No. 59/2015 s. 8. police custody officer has the same meaning as in the Victoria Police Act 2013; S. 3(1) def. of police custody transfer order inserted by No. 10/2013 s. 4(2). police custody transfer order means a police custody transfer order made under section 56D; police gaol means a police gaol under Part 3; S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 32.1). police officer means— (a) except in section 47E, a police officer within the meaning of the Victoria Police Act 2013; and
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; S. 9(2)(h) repealed by No. 94/1994 s. 9(1)(b)(vi). * * * * * (i) the office the holder of which is to be the principal officer for the purposes of the application of the Freedom of Information Act 1982 to the contractor; (j) the office the holder of which is to be the principal officer for the purposes of the application of the Ombudsman Act 1973 to the contractor; (k) any other matter that may be prescribed. S. 9(3) substituted by No. 94/1994 s. 9(2). (3) The agreement may contain—
S. 9AA inserted by No. 94/1994 s. 10, amended by No. 45/1996 s. 17(Sch. 1 item 9), substituted by No. 26/1997 s. 11. 9AA Agreements with the Chief Commissioner (1) The Chief Commissioner of Police may, for and on behalf of the Crown, enter into an agreement with a person or body, including the Secretary, for the provision by that person or body of— (a) custodial services in police gaols; or (b) services related to the transport of— (i) persons detained in a police gaol to or from a police gaol; or (ii) persons detained in custody in a prison from the prison to a court or police gaol or from a court to a prison or police gaol; or S. 9AA(1) (b)(iii) amended by No. 65/1997 s. 81(b), substituted by No. 26/2014 s. 455(Sch. item 6.2), amended by No. 20/2015 s. 38. (iii) patients within the meaning of the Mental Health Act 2014 from a designated mental health service under that Act to a court or a police gaol or a designated mental health service or from a court or a police gaol to a court or a police gaol or a designated mental health service; or S. 9AA(1)(b)(iv) amended by No. 48/2006 s. 42(Sch. item 8.2). (iv) persons detained in a remand centre, youth residential centre or youth justice centre within the meaning of the Children, Youth and Families Act 2005 from that centre to a court or a police gaol or from a court or police gaol to a court or police gaol or such a centre; or (c) services related to security in relation to persons in the custody of the Chief Commissioner of Police. S. 9AA(2) repealed by No. 45/2001 s. 6. * * * * *
(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 escape of the person being transported or the assault of, or injury to, any person. (2) An authority may be given subject to any conditions or limitations that are stated in it. S. 9A(2A) inserted by No. 45/2001 s. 8(2). (2A) A person authorised under subsection (1B)(c)(iv) may apply an instrument of restraint to a person being transported only if— (a) the instrument, or type of instrument, is approved by the Chief Commissioner of Police; and
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 with any direction given to him or her under this Act or the regulations. S. 9A(8) inserted by No. 26/1997 s. 12(3), repealed by No. 45/2001 s. 8(3). * * * * * 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. 9C(1) amended by No. 45/2001 ss 9, 26. (1) A person authorised under section 9A to exercise all or any of the functions or powers of a Governor, prison officer, disciplinary officer, Regional Manager, community corrections officer or escort officer must, for the purposes of this Act and all other purposes (including the purposes of section 479C of the Crimes Act 1958), be taken to be a Governor, prison officer, disciplinary officer, Regional Manager, community corrections officer or escort officer, as the case requires. (2) Despite subsection (1), a person referred to in that subsection— S. 9C(2)(a) amended by No. 45/2001 ss 9, 26. (a) does not hold the position of Governor, prison officer, disciplinary officer, Regional Manager, community corrections officer or escort officer, as the case requires; and S. 9C(2)(b) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 45.2). (b) is not subject to the Public Administration Act 2004. S. 9CA inserted by No. 94/1994 s. 14, substituted by No. 45/1996 s. 13, amended by No. 37/2014 s. 10(Sch. item 32.2). 9CA Staff—police gaols A reference in section 27 of the Bail Act 1977 or Part 9A of this Act or the regulations made under this Act to a police officer includes, in relation to the exercise of any function or power under that section or Part or those regulations, a reference to a person authorised under section 9A(1A) to exercise that function or power. S. 9CAA inserted by No. 26/1997 s. 13. 9CAA Transport functions
S. 9CAA(1) amended by No. 37/2014 s. 10(Sch. item 32.2). (1) If a person is authorised under section 9A(1B) to carry out the transport of any person to or from a place, any provision of an Act or regulation or of a warrant or order of a court or of any order or instrument under an Act which requires or authorises (either expressly or by necessary implication) a police officer (by name or otherwise) to transport that person to or from that place must be taken to also authorise the person authorised under section 9A(1B) to carry out that transport function in place of a police officer in accordance with that authorisation. S. 9CAA(2) amended by No. 37/2014 s. 10(Sch. item 32.2). (2) Nothing in subsection (1) prevents a police officer from exercising any function referred to in that subsection or any other function under the provision, warrant, order or instrument. (3) Despite anything to the contrary in any other provision of this Act or in any other Act or regulation or in any warrant, order or instrument of any kind, a person who is being transported to or from a place by a person authorised under section 9A(1B) is deemed to be in the custody of the Chief Commissioner of Police while being so transported. S. 9CAA(4) repealed by No. 45/2001 s. 10. * * * * * S. 9CB inserted by No. 94/1994 s. 14, amended by No. 26/1997 s. 14(a)(b). 9CB Use of reasonable force by staff—police gaols S. 9CB(1) amended by No. 45/2001 s. 11. (1) A person authorised under section 9A(1A) or 9A(1B) to exercise a function or power may, where necessary, use reasonable force to compel a person who is deemed under Part 1A or
have any other functions that may be prescribed or specified by the Chief Commissioner. S. 9D(3) amended by No. 45/1996 s. 17(Sch. 1 item 12), substituted by No. 26/1997 s. 15(1). (3) A monitor referred to in subsection (2) must make an annual report in writing to the Secretary on his or her operations. That report is to form part of the Department's annual report under the Financial Management Act 1994. S. 9D(3A) inserted by No. 26/1997 s. 15(1). (3A) A monitor referred to in subsection (2A) must make an annual report in writing to the Chief Commissioner of Police on his or her operations. That report is to form part of the Chief Commissioner's annual report under the Financial Management Act 1994. 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
(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. 16(4) substituted by No. 10/2013 s. 9(3). (4) This Act applies to a person authorized to act as principal medical officer or as medical officer as if the person were a principal medical officer or medical officer (as the case may be). S. 17 substituted by No. 94/1994 s. 19. 17 Powers of Secretary S. 17(1) amended by Nos 45/1996 s. 17(Sch. 1 item 17), 45/2001 s. 14. (1) The Secretary has and may exercise all or any of the powers or functions of a Governor of a prison or a prison officer or escort officer under this Act.
28 Photographing and fingerprinting S. 28(1) amended by No. 35/2002 s. 7(3). (1) As soon as possible after a prisoner's reception into a prison an officer may take photographs of the prisoner and may take the prisoner's fingerprints. S. 28(2) amended by No. 35/2002 s. 17(4). (2) For the purpose of identifying prisoners and compiling records concerning prisoners an officer may at any time after a prisoner's reception into a prison take photographs of the prisoner or take the prisoner's fingerprints or both. (3) An officer may give to a prisoner all necessary directions to enable the taking of accurate photographs and fingerprints. 29 Medical tests and samples (1) As soon as possible after a prisoner's reception into a prison the prisoner must submit to medical tests. (2) At any time after a prisoner's reception into a prison the principal medical officer may direct the prisoner to submit to medical tests. (3) In this section medical tests means any— (a) medical examinations; and (b) tests (including the taking of samples of breath, blood and other bodily secretions) to assess a person's physical and mental health— determined by the principal medical officer. (4) In determining medical tests which prisoners must undergo the principal medical officer must have regard to the safety and welfare of the other prisoners in the prison.
S. 30A(2)(b) amended by Nos 53/2003 s. 13, 48/2011 s. 5. (b) the date on which, and the circumstances in which, the prisoner was, is to be or is likely to be released for any reason (including release on bail, custodial community permit or parole); (c) details of any escape by the prisoner from the legal custody of the Secretary or any other person. S. 30A(2AA) inserted by No. 49/2006 s. 5(2), amended by Nos 91/2009 s. 202(2)(a), 41/2015 s. 23(3)(a). (2AA) Subject to subsection (2AB) and section 30G, the Secretary may give a person included on the victims register in respect of a relevant offence for which an offender is or was subject to a supervision order or a detention order, or an application for a supervision order or a detention order, some or all of the following information in respect of the offender— S. 30A (2AA)(a) amended by No. 91/2009 s. 202(2)(a). (a) the making of an application for a supervision order or a detention order and whether such an order was made, whether on appeal or otherwise; S. 30A (2AA)(b) amended by Nos 91/2009 s. 202(2)(a)(b), 10/2013 s. 12(2), repealed by No. 41/2015 s. 23(3)(b). * * * * * S. 30A (2AA)(ba) inserted by No. 91/2009 s. 202(2)(c), amended by No. 10/2013 s. 12(3). (ba) if a supervision order or detention order is made, varied or renewed— (i) the date on which it commences, the period of the order and any instructions or directions, or any variation of the instructions or directions, given to the offender by the Adult Parole Board under section 119, 120(2) or 121 the Serious Sex Offenders (Detention and Supervision) Act 2009;
(ii) details of any changes affecting the operation of the order; S. 30A (2AA)(ba)(iii) inserted by No. 10/2013 s. 12(4). (iii) a copy of the order; S. 30A (2AA)(c) amended by Nos 91/2009 s. 202(2)(d), 41/2015 s. 23(3)(c). (c) if the supervision order or detention order is suspended or revoked, the date of suspension or revocation, and the date on which a suspended order recommences operation. S. 30A(2AB) inserted by No. 49/2006 s. 5(2), repealed by No. 41/2015 s. 23(4). * * * * * S. 30A(2AC) inserted by No. 91/2009 s. 202(3). (2AC) Subsection (2AA) applies— S. 30A (2AC)(a) amended by No. 10/2013 s. 12(5). (a) despite an order made under section 184 of the Serious Sex Offenders (Detention and Supervision) Act 2009; and S. 30A (2AC)(b) amended by No. 10/2013 s. 12(6). (b) despite sections 182 and 186 of the Serious Sex Offenders (Detention and Supervision) Act 2009. S. 30A(2A) inserted by No. 14/2004 s. 7(2), amended by Nos 49/2006 s. 5(3), 62/2013 s. 3(2). (2A) If a person included on the victims register has a nominee whose details have been included under section 30D in respect of the person included on the victims register, the Secretary may give information under subsection (1A), (2) or (2AA) to the nominee on behalf of that person.
(3) Guidelines prepared under subsection (1) and approved under subsection (2)— (a) must be published in the Government Gazette as soon as practicable after their preparation; and (b) take effect on the date of publication in the Government Gazette. S. 30G inserted by No. 14/2004 s. 8, amended by No. 49/2006 s. 5(10). 30G Release of information to "family members" The Secretary must not disclose information under section 30A to a person included on the victims register who is a family member within the meaning of section 30A(1) unless that person can show, to the satisfaction of the Secretary, that he or she is or was the primary care giver or next of kin of— S. 30G(a) inserted by No. 49/2006 s. 5(10). (a) the person against whom the offence for which the prisoner is serving a sentence of imprisonment was committed; or 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.
(3) A person who disobeys an order to leave the neighbourhood of a prison or place is guilty of an offence. 5 penalty units. S. 32(4) substituted by No. 16/1991 s. 8. (4) If a prison officer believes on reasonable grounds that a person is committing or has committed an offence under this section, the prison officer may apprehend the person without warrant. 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. 41(2) amended by Nos 45/1996 s. 17(Sch. 1 item 28), 37/2014 s. 10(Sch. item 32.7). (2) As well as visits authorized by subsection (1), a police officer may with the permission of the Secretary or the Governor enter a prison and visit a prisoner at any time stated in the permission. S. 41(3) amended by No. 37/2014 s. 10(Sch. item 32.7). (3) A prisoner may refuse a visit from a police officer under this section. S. 41(4) amended by No. 37/2014 s. 10(Sch. item 32.7). (4) A prisoner is not required to answer questions asked by a police officer during a visit authorized by this section. S. 41(5) amended by No. 37/2014 s. 10(Sch. item 32.7). (5) A prisoner may request a prison officer to be present at, or to observe but not hear, any part of an interview between the prisoner and a police officer visiting the prison. S. 41(6) inserted by No. 86/2000 s. 8(3), amended by Nos 72/2013 s. 19, 37/2014 s. 10(Sch. item 32.7). (6) Nothing in this section applies to any questioning or investigation by a police officer in accordance with an order made under section 464B(5), or any questioning conducted by consent under section 464B(11), of the Crimes Act 1958. 42 Visitors to give prescribed information S. 42(1) substituted by No. 45/2001 s. 30(1). (1) A prison officer may require any person who wishes to enter, or who has entered, a prison as a visitor to give the prison officer information as to— (a) the purpose of the visit or intended visit; (b) the person's identity, address, occupation and age; (c) the person's relationship (if any) to any prisoner the person wishes to visit.
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; S. 47(1)(m)(v) amended by No. 22/2016 s. 165(b). (v) the Health Complaints Commissioner; (vi) the Human Rights Commissioner; S. 47(1)(m)(vii) substituted by No. 41/2015 s. 14(1), amended by No. 38/2017 s. 78. (vii) the Independent Broad-based Anticorruption Commission established under section 12 of the Independent Broad-based Anticorruption Commission Act 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), substituted by No. 20/2017 s. 134(Sch. 1 item 4.1(a)). (x) the Information Commissioner appointed under section 6C 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), repealed by No. 20/2017 s. 134(Sch. 1 item 4.1(b)). * * * * * 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), amended by No. 20/2017 s. 134(Sch. 1 item 4.1(c)). (xiv) any person authorised to act on behalf of a person or body listed in paragraph (iv), (v), (vi), (vii), (viii), (ix), (x), (xi) or (xiii); S. 47(1)(m)(xv) inserted by No. 41/2015 s. 14(1). (xv) a person or body prescribed by the regulations; S. 47(1)(n) amended by No. 16/1991 s. 10(1), substituted by No. 45/2001 s. 32(b). (n) subject to section 47D, the right to send and receive other letters uncensored by prison staff;
S. 47A inserted by No. 45/2001 s. 33. 47A Suspected dangerous letters may be disposed of If the Governor reasonably suspects that any letter to, or from, a prisoner contains an unauthorised article or substance that could pose an immediate danger to any person, the Governor may dispose of the letter in any manner he or she considers to be appropriate. S. 47B inserted by No. 45/2001 s. 33. 47B Certain confidential letters may be inspected (1) This section applies if the Governor reasonably suspects that a letter to, or from, a prisoner contains any unauthorised article or substance, but section 47A does not apply. S. 47B(2) amended by Nos 18/2005 s. 18(Sch. 1 item 22.3), 28/2007 s. 3(Sch. item 14), substituted by No. 41/2015 s. 15(1). (2) If the letter is to, or from, one of the following correspondents— (a) a lawyer; S. 47B(2)(b) amended by No. 22/2016 s. 166. (b) the Health Complaints Commissioner; (c) the Human Rights Commissioner; (d) the Victorian Legal Services Commissioner appointed under section 51 of the Legal Profession Uniform Law Application Act 2014; S. 47B(2)(e) substituted by No. 20/2017 s. 134(Sch. 1 item 4.2(a)). (e) the Information Commissioner appointed under section 6C of the Freedom of Information Act 1982; (f) the Mental Health Complaints Commissioner appointed under section 226 of the Mental Health Act 2014;
S. 47B(2)(g) repealed by No. 20/2017 s. 134(Sch. 1 item 4.2(b)). * * * * * (h) the Victorian Equal Opportunity and Human Rights Commission continued in existence by section 154 of the Equal Opportunity Act 2010; S. 47B(2)(i) amended by No. 20/2017 s. 134(Sch. 1 item 4.2(c)). (i) a person authorised to act on behalf of a person or body referred to in paragraph (b), (c), (d), (e), (f) or (h); (j) a person or body prescribed for the purposes of section 47(1)(m)— the Governor may hold the letter and notify the prisoner and the correspondent of the Governor's suspicions. S. 47B(2A) inserted by No. 41/2015 s. 15(1). (2A) The Governor may open and inspect a letter referred to in subsection (2)— (a) in the presence of the prisoner and a representative of the correspondent; or (b) in accordance with any alternative arrangement agreed with the correspondent. S. 47B(3) amended by Nos 18/2005 s. 18(Sch. 1 item 22.3), 41/2015 s. 15(2). (3) If the Governor has not received a response from the correspondent within 7 days after notice is given under subsection (2), the Governor may require the prisoner to open the letter to enable the Governor to inspect it. S. 47B(4) amended by No. 10/2013 s. 18. (4) If the letter is to, or from, the Minister, a member of Parliament, the Secretary, the Commissioner or an independent prison visitor, the Governor may require the prisoner to open the letter to enable the Governor to inspect it.
S. 47K inserted by No. 97/2004 s. 4. 47K Registration of change of name The Victorian Registrar must not register a change of name under the Births, Deaths and Marriages Registration Act 1996 if— (a) the Victorian Registrar knows that— (i) the application for the change of name is made by or on behalf of a prisoner; and (ii) the change of name relates to the name of the prisoner or a child of the prisoner; and (b) the Victorian Registrar has not received a copy of the notice of approval of the Secretary to the application under section 47J. S. 47L inserted by No. 97/2004 s. 4. 47L 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 or a child of a prisoner on the Register was changed because of a change of name application; and (b) the Secretary had not approved that change of name application under section 47I. S. 47M inserted by No. 10/2013 s. 19. 47M Information-sharing between the Secretary and the Victorian Registrar (1) Despite any other law to the contrary, the Secretary must notify the Victorian Registrar of the following details in relation to each prisoner— (a) the prisoner's name (including any other name by which he or she is or has previously been known);
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. 50(5)(d) amended by No. 45/2001 s. 34(2)(a). (d) charge the prisoner with the prison offence. S. 50(5)(e) amended by No. 16/1991 s. 12(a)(iii), repealed by No. 45/2001 s. 34(2)(b). * * * * * S. 50(5A) inserted by No. 45/2001 s. 34(3). (5A) In addition to any action the disciplinary officer may take under subsection (5)(a), (b) or (d), the disciplinary officer may also take steps to have the matter dealt with under the criminal law. S. 50(6) amended by No. 16/1991 s. 11(3). (6) A charge for a prison offence must be in writing, and the disciplinary officer must as soon as possible give a copy of the charge to the Governor and the prisoner. S. 50(7)(8) repealed by No. 44/1991 s. 6(d). * * * * * S. 50(9) amended by No. 16/1991 s. 11(3). (9) A decision or purported decision of a disciplinary officer under this section cannot be appealed
against, reviewed, challenged or called in question in any court. 51 Governor's action where charge laid On receiving a copy of a charge for a prison offence the Governor may do any of the following— S. 51(a) amended by No. 16/1991 s. 11(3). (a) if satisfied that the prison offence should have been dealt with by the disciplinary officer, refer the matter back to the disciplinary officer to be dealt with under section 50(5); (b) if the Governor believes that the Governor has an interest which would prejudice the fair hearing of the charge, refer the matter to another Governor for hearing; (c) hear the charge; S. 51(d) amended by No. 16/1991 s. 12(b). (d) take steps to have the matter dealt with under the criminal law. 52 Secretary may nominate Governor to hear charge (1) At any time before a Governor's hearing a prisoner charged with a prison offence may ask the Governor to refer the matter to another Governor for hearing. S. 52(2) amended by No. 45/1996 s. 17(Sch. 1 item 34). (2) As soon as possible after receiving a request under subsection (1) the Governor must refer it to the Secretary unless the Governor refers the charge for a prison offence to another Governor for hearing. S. 52(3) amended by No. 45/1996 s. 17(Sch. 1 item 34). (3) On receiving a request under subsection (1) the Secretary may grant it and may nominate another Governor to hear the charge for the prison offence or may refuse the request.
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
on any recommendation which is necessary for the appointment of a member of that kind, appoint a qualified person to act in the member's place while the member is unable to perform the duties of office, is absent or the office of member is vacant. S. 62(3) amended by No. 45/1996 s. 17(Sch. 1 item 43(a)(b)). (3) If the Secretary is unable to perform the duties of a member or is absent, the Governor in Council may on the recommendation of the Secretary appoint a person to act as a member in the Secretary's place while the Secretary is unable to perform the duties of the member or is absent. S. 62(4) amended by No. 45/1996 s. 17(Sch. 1 item 43(a)). (4) If the office of Secretary is vacant the Governor in Council may on the recommendation of the Minister appoint a person to act as a member while the office of the Secretary is vacant. (5) While acting in a member's place a deputy member appointed under subsections (2), (3) or (4) has the functions powers and duties of that member. (6) A deputy member is entitled to receive— (a) such remuneration as is fixed by the Governor in Council; and (b) such travelling and other allowances as are fixed by the Governor in Council. S. 62(7) substituted by No. 62/2013 s. 6(3). (7) While acting in the chairperson's place a deputy member appointed under subsection (1) has the functions, powers and duties of the chairperson. 63 Terms of office S. 63(1) amended by No. 62/2013 s. 7(1). (1) Subject to subsections (1A) and (1B), a member of the Board holds office for the term, and subject to the conditions stated in the member's instrument of appointment but is eligible for reappointment.
(b) undergo assessment and treatment for abuse of or dependency on alcohol or any drug of dependence, Schedule 8 poison or Schedule 9 poison; (c) submit to tests to assess whether the prisoner has consumed alcohol or used any drug of dependence, Schedule 8 poison or Schedule 9 poison while released on parole; S. 76A(3) def. of drug of dependence repealed by No. 59/2015 s. 23(2). * * * * * Schedule 8 poison has the same meaning as in the Drugs, Poisons and Controlled Substances Act 1981; Schedule 9 poison has the same meaning as in the Drugs, Poisons and Controlled Substances Act 1981. S. 77 amended by Nos 57/1989 s. 3(Sch. items 35.2, 35.3), 23/1994 s. 118(Sch. 1 item 14.5), 81/2005 s. 7, 97/2005 s. 182(Sch. 4 item 13.4), 49/2006 s. 6(2)(3), 13/2010 s. 51(Sch. item 16.5), 10/2013 s. 29, substituted by No. 15/2013 s. 3. 77 Cancellation of parole (1) Subject to this section, if a prisoner is released on parole the Board may, at any time before the end of the parole period , by order cancel the parole. (2) Subject to subsection (3), the Board must consider whether to cancel the parole or to vary the terms and conditions of the parole of a prisoner who is charged, while on parole, with an offence that— (a) is punishable by imprisonment; and (b) is alleged to have been committed during the parole period.
(3) If— S. 77(3)(a) amended by No. 31/2017 s. 9(1)(a). (a) the prisoner referred to in subsection (2) was released on parole in respect of a sexual offence, a serious violent offence or a terrorism or foreign incursion offence; and S. 77(3)(b) amended by No. 31/2017 s. 9(1)(b). (b) the offence with which the prisoner was charged, while on parole, was a sexual offence, a violent offence or a terrorism or foreign incursion offence— the Board must determine under subsection (2) to cancel the parole of the prisoner unless the Board is satisfied that circumstances exist that justify the continuation of the parole. (4) Subject to subsections (5) and (6), the Board must consider whether to cancel the parole or to vary the terms and conditions of the parole of a prisoner who is convicted, while on parole, of an offence that— (a) is punishable by imprisonment; and (b) was committed during the parole period. (5) Subject to subsection (6), the Board must determine under subsection (4) to cancel the parole of the prisoner unless the Board is satisfied that circumstances exist that justify the continuation of the parole. (6) If a prisoner— S. 77(6)(a) amended by No. 31/2017 s. 9(2)(a). (a) is released on parole in respect of a sexual offence, a serious violent offence or a terrorism or foreign incursion offence; and
S. 77C inserted by No. 15/2013 s. 3. 77C Power to direct that time on parole is time served The Board may direct that some or all of the period during which a parole order that is cancelled or taken to be cancelled was in force is to be regarded as time served in respect of the prison sentence. S. 77D inserted by No. 15/2013 s. 3. 77D Board may arrange for examination of prisoner The Board, in determining whether to make or vary a parole order, cancel a prisoner's parole or revoke the cancellation of parole, may— (a) arrange for the examination of the prisoner by a registered medical practitioner, psychiatrist or psychologist; and (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. 78(4) inserted by No. 31/2014 s. 9. (4) The Board may make a parole order before the time referred to in subsection (3) if the Board is satisfied that circumstances exist which justify doing so. S. 78A inserted by No. 46/2013 s. 3 (as amended by No. 25/2014 s. 13), amended by No. 41/2015 s. 21 (ILA s. 39B(1)). 78A Offence to breach a term or condition of parole (1) A prisoner while released under a parole order must not, without reasonable excuse, breach a prescribed term or condition of that parole order. Penalty: 3 months imprisonment, 30 penalty units or both. S. 78A(2) inserted by No. 41/2015 s. 21. (2) Despite anything to the contrary in section 7(1) of the Criminal Procedure Act 2009, a proceeding for an offence under subsection (1) may be commenced within 2 years after the commission of the alleged offence. Note See sections 16 and 33 of the Sentencing Act 1991.
S. 78I inserted by No. 57/2016 s. 8. 78I Search (1) The Commissioner may give a direction under this section if the Commissioner— (a) reasonably suspects a search referred to in subsection (2) is necessary to monitor the compliance of a prisoner on parole with the parole order; or (b) reasonably suspects the prisoner on parole of behaviour or conduct associated with an increased risk of the prisoner re-offending or breaching the conditions of the parole order. (2) The Commissioner may at any time direct a specified officer— (a) to search that part of the residence of the prisoner on parole that is occupied by the prisoner and any thing (including any vehicle) belonging to or in the possession of, or under the control of, the prisoner, at the residence; or (b) to search and examine the prisoner on parole at the residence. (3) For the purposes of subsection (2), a search of a prisoner on parole means either a garment search or a pat-down search. (4) To the extent practicable a pat-down search must be conducted by a person of the same sex as the prisoner on parole being searched. (5) If necessary, a specified officer may use reasonable force to carry out a search under this section. (6) A search under this section may continue only for as long as necessary to achieve the purpose of the search.
(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. 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— (a) order the person to be returned to the participating State in which the permit was issued; and (b) for that purpose, order the person to be delivered to an escort. S. 84D(3) amended by No. 38/2003 s. 9(4). (3) Subsections (1), (1A), (2) and (2A) do not apply to a person to whom section 47 of the Crimes Act 1914 of the Commonwealth applies. S. 84D(4) amended by No. 38/2003 s. 9(5). (4) A warrant under subsection (2A) may be executed according to its tenor. S. 84D(5) amended by Nos 45/1996 s. 17(Sch. 1 item 54), 38/2003 s. 9(5). (5) A person who is the subject of a warrant issued under subsection (2A) may be detained in the custody of the Secretary as a prisoner until he or she is delivered into the custody of an escort in accordance with the warrant or until the expiration of a period of 7 days from the issuing of the warrant, whichever first occurs. S. 84D(6) amended by No. 38/2003 s. 9(5). (6) If a person who is the subject of a warrant issued under subsection (2A) is not, in accordance with the warrant, delivered into the custody of an escort within a period of 7 days from the issuing of the warrant, the warrant has no further effect.
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. 90(10) inserted by No. 57/2016 s. 10. (10) A Regional Manager or community corrections officer who uses force in accordance with this section is not liable for injury or damage caused by that use of force. 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
S. 104ZO inserted by No. 55/2009 s. 4, amended by No. 67/2013 s. 649(Sch. 9 item 6(1)). 104ZO Definition In this Part, Authority means the Victorian WorkCover Authority within the meaning of the Workplace Injury Rehabilitation and Compensation Act 2013. S. 104ZP inserted by No. 55/2009 s. 4. 104ZP Application of Part This Part applies to a person who is— (a) an offender who is required or directed by or under a correctional order, a provision of the Sentencing Act 1991, or Part 9 of this Act to work or to take part in a program of activities; or (b) a volunteer who is working in a prison or at a location; or S. 104ZP(c) amended by No. 30/2010 s. 55. (c) a person who is required or directed by or under a diversion program under section 59 of the Criminal Procedure Act 2009 to work or to take part in a program of activities. S. 104ZQ inserted by No. 55/2009 s. 4. 104ZQ When is compensation payable? Compensation is payable under this Part if a person suffers personal injury (including death) or loss of or damage to property belonging to the person or in the person's possession or control while the person is engaged— (a) in working or taking part in a program of activities referred to in section 104ZP(a) or (c); or (b) if the person is a volunteer, in working in a prison or at a location. S. 104ZR inserted by No. 55/2009 s. 4. 104ZR Compensation for personal injuries
S. 104ZY(2)(di) inserted by No. 31/2017 s. 11(2)(c). (di) if the use of disclosure is to any person or body authorised to act on behalf of a person or body listed in paragraph (d), (da), (db), (dc), (dd), (de), (df), (dg) or (dh); S. 104ZY(2)(dj) inserted by No. 31/2017 s. 11(2)(c). (dj) if the use or disclosure is to any person or body prescribed by the regulations; (e) if the information is disclosed to a person included on the victims register for the purpose of making a victim submission; (f) if the information is the current location of a prisoner and the disclosure is to the prisoner's lawyer; S. 104ZY(2)(fa) inserted by No. 31/2017 s. 11(2)(d). (fa) if the use or disclosure is in accordance with the Privacy and Data Protection Act 2014; (g) if the use or disclosure is in accordance with the Health Records Act 2001; S. 104ZY (2)(ga) inserted by No. 57/2016 s. 14(1)(a), substituted by No. 31/2017 s. 11(2)(e). (ga) if the use or disclosure is for the purpose of the administration of the Working with Children Act 2005; S. 104ZY(2)(h) substituted by No. 31/2017 s. 11(2)(f). (h) if the disclosure is to the Department of Health and Human Services and the information is reasonably necessary to ensure the proper care, treatment or housing of a person who is or is likely to be provided with services by or on behalf of that Department; S. 104ZY(2)(i) substituted by No. 31/2017 s. 11(2)(f). (i) if the disclosure is to the Victorian Electoral Commission and the information is reasonably necessary to establish a prisoner's
(b) the disclosure is reasonably necessary to ensure the proper supervision of, or the assessment of the risks of reoffending by, that person. S. 104ZY(2B) inserted by No. 57/2016 s. 14(2). (2B) Personal or confidential information must not be disclosed under subsection (2A) to the correctional services authority of another country unless the Secretary— (a) has assessed that it is appropriate in all the circumstances to do so; and (b) has authorised in writing the disclosure. S. 104ZY(2C) inserted by No. 57/2016 s. 14(2). (2C) The Secretary may under subsection (2B) authorise the disclosure of information in relation to— (a) a specified request for information from another country; or (b) any request for information from a specified country. (3) This section does not apply to personal or confidential information referred to in section 104ZZ. S. 104ZY(4) inserted by No. 57/2016 s. 14(3). (4) In this section— S. 104ZY(4) def. of correctional services authority amended by No. 31/2017 s. 11(3)(a). correctional services authority means a person, body or entity that has functions and responsibilities in another State, a Territory or another country that substantially correspond to the functions and responsibilities of the Secretary, the
S. 104ZZ(1) amended by No. 32/2016 s. 49(a). (1) A relevant person may use or disclose information given to the Adult Parole Board that is not disclosed in a decision of the Board or in any reasons given by the Board for a decision of the Board if— S. 104ZZ(1)(a) amended by No. 32/2016 s. 49(b). (a) the use or disclosure is reasonably necessary for the administration of Corrections legislation; or S. 104ZZ(1)(b) substituted by No. 12/2014 s. 16(1), amended by No. 32/2016 s. 49(c). (b) the use or disclosure is reasonably necessary for the preparation for, conduct of or participation in— (i) criminal proceedings in any court; or (ii) proceedings before a tribunal; or (iii) an inquest or investigation held by a coroner; or S. 104ZZ(1)(c) substituted by No. 32/2016 s. 49(d). (c) the relevant person believes on reasonable grounds that the use or disclosure is necessary— (i) to reduce the risk of a person committing a violent offence; or (ii) to lessen or prevent a threat to the life, health, safety or welfare of any person. S. 104ZZ(2) inserted by No. 12/2014 s. 16(2). (2) A relevant person may use or disclose information given to the Adult Parole Board that is not disclosed in a decision of the Board or in any reasons given by the Board for a decision of the Board if the use or disclosure is authorised by the Minister. S. 104ZZA inserted by No. 10/2013 s. 35. 104ZZA Offence to use or disclose personal or confidential information unless authorised A person who is or has been a relevant person must not use or disclose personal or confidential information unless that use or disclosure is authorised under section 104ZY or 104ZZ.
Penalty: 120 penalty units. 105 Proceedings for offences S. 105(1) amended by No. 45/1996 s. 17(Sch. 1 item 64), substituted by No. 12/2014 s. 17. (1) Proceedings for offences against this Act or the regulations may be brought by— (a) the Secretary; or (b) the Director of Public Prosecutions; or (c) a crown prosecutor within the meaning of the Criminal Procedure Act 2009; or (d) a member of staff of the Office of Public Prosecutions established under the Public Prosecutions Act 1994 who is a lawyer; or S. 105(1)(e) substituted by No. 37/2014 s. 10(Sch. item 32.16). (e) a police officer. S. 105(2) amended by No. 45/1996 s. 17(Sch. 1 item 64), repealed by No. 41/2015 s. 22(2). * * * * * Note to s. 105 inserted by No. 41/2015 s. 22(1). Note A proceeding for an offence against this Act, or the regulations made under it, is commenced in accordance with the Criminal Procedure Act 2009. S. 105A inserted by No. 14/2004 s. 10. 105A Offences by bodies corporate (1) If, in proceedings for an offence against this Act, it is necessary to establish the intention or knowledge of a body corporate, it is sufficient to
to prisoners or offenders where no work is available; S. 112(1)(ha) inserted by No. 45/1996 s. 6. (ha) access to and operation of prison industries and prison industry sites; S. 112(1)(i) amended by Nos 45/1996 s. 16, 10/2013 s. 36(1). (i) the moneys which may be paid to or received by prisoners or held for prisoners by officers at a prison, the extent to which and the purposes for which prisoners may spend or use moneys earned or received by them or held for them and the extent to which moneys held for a prisoner must be retained until the release of the prisoner from custody and the procedures for investment of those retained moneys and providing that prisoners are not entitled to any interest or other proceeds from the investment of those retained moneys and providing that the Secretary may approve the expenditure of that interest or other proceeds from the investment of those retained moneys for purposes related to assisting victims (within the meaning of paragraph (a), (b) or (c) of the definition of victim in section 30A(1)) or their family members (as defined in section 30A(1)); S. 112(1)(j) amended by No. 15/1989 s. 30(5)(a)(b). (j) communication by or with prisoners and people detained in police gaols, visits to prisons and police gaols and the facilities and accommodation to be provided for families, children and close friends of prisoners; S. 112(1)(k) amended by No. 45/2001 s. 21, repealed by No. 53/2007 s. 19(1). * * * * *