S. 3(1) def. of inserted by No. 45/2001 s. 23(2). Commissioner means the person employed as Commissioner for the purposes of this Act; S. 3(1) def. of Commission substituted as def. of Committee by No. 45/1996 s. 4(a), repealed by No. 21/2008 s. 3. * * * * * S. 3(1) def. of Commission farm repealed by No. 45/1996 s. 4(b). * * * * * S. 3(1) def. of Commission industrial site repealed by No. 45/1996 s. 4(c). * * * * * s. 3 community corrections officer means a community corrections officer appointed under Part 4; S. 3(1) def. of order amended by No. 49/1991 s. 119(7) (Sch. 4 item 3.1), substituted by No. 65/2011 s. 107(Sch. item 2.2). community-based order has the same meaning as old community-based order within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991; community corrections centre means a community corrections centre established under Part 9;
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). 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
S. 3(1) def. of dentist inserted by No. 10/2013 s. 4(1). dentist means a person registered under the Health Practitioner Regulation National Law— (a) to practise in the dental profession as a dentist (other than as a student); and (b) in the dentists division of that profession; S. 3(1) def. of repealed by No. 45/1996 s. 17(Sch. 1 item 1(b)). * * * * * S. 3(1) def. of domestic partner inserted by No. 72/2001 s. 3(Sch. item 4.1), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 12.1). domestic partner of a person means— (a) a person who is in a registered relationship with the person; or (b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender); S. 3(1) def. of escort officer inserted by No. 45/2001 s. 3(2). escort officer means— s. 3 (a) a prison officer; or (b) an escort officer employed under Part 4; S. 3(1) def. of family violence intervention order inserted by No. 30/2010 s. 45(b). family violence intervention order means— (a) a family violence intervention order within the meaning of section 11 of the Family Violence Protection Act 2008; or (b) one of the following orders made under the Crimes (Family Violence) Act 1987 as in force immediately before its repeal—
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. 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; s. 3 volunteer means a person whose name appears in the Register of Volunteers kept under Part 4.
(b) another such order continues in force in relation to the person. S. 6F inserted by No. 45/2001 s. 5. 6F Powers of court or tribunal not to be affected s. 6F (1) Every person in the legal custody of the Secretary under this Part who is brought before a court or tribunal remains in the legal custody of the Secretary, subject to any lawful order or direction of the court or tribunal. (2) Every person in the legal custody of the Chief Commissioner of Police under this Part who is brought before a court or tribunal remains in the legal custody of the Chief Commissioner, subject to any lawful order or direction of the court or tribunal. (3) The fact that a person appearing before a court or tribunal is in the legal custody of the Secretary or the Chief Commissioner of Police does not affect any power or authority of the court or tribunal to make orders or directions in relation to the person in respect of the proceedings before the court or tribunal. _______________ 7 Functions of Secretary s. 7 S. 7(1) repealed by No. 45/1996 s. 17(Sch. 1 item 3(a)), new s. 7(1) inserted by No. 21/2008 s. 4(1). (1) The Secretary is responsible for monitoring performance in the provision of all correctional services to achieve the safe custody and welfare of prisoners and offenders.
(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— (a) a provision leaving any matter to be determined, approved or dispensed with by a specified person or body; S. 9(3)(b) amended by No. 45/1996 s. 17(Sch. 1 item 8). (b) a provision providing for the assignment to the Secretary or any other person of any right or interest; s. 9 S. 9(3)(c) amended by No. 45/1996 s. 17(Sch. 1 item 8). (c) a provision providing for the Secretary to delegate powers and functions under the agreement; (d) a provision providing for sub-contracting; (e) a provision requiring the provision by the contractor of a performance bond; (f) a provision providing for the suspension of obligations under the agreement in specified circumstances; (g) a provision providing for rights of access in relation to correctional services; (h) any other provisions that are not inconsistent with this Act or the regulations.
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 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 section 9CAA to be in the custody of the Chief Commissioner of Police to obey an order given by the first-mentioned person in the exercise of that function or power.
(2) Where a person uses force under the powers in subsection (1), the person must report the fact to the Chief Commissioner of Police without delay. S. 9CB(3) amended by No. 38/2003 s. 3. (3) A person who uses force in accordance with this section is not liable for injury or damage caused by that use of force. S. 9D inserted by No. 11/1993 s. 4(1). 9D Employment of monitors S. 9D(1) substituted by No. 46/1998 s. 7(Sch. 1), amended by No. 108/2004 s. 117(1) (Sch. 3 item 45.2). (1) There may be employed under Part 3 of the Public Administration Act 2004 such monitors as are necessary for the purposes of this Part. S. 9D(2) amended by Nos 94/1994 s. 15(1), 45/1996 s. 17(Sch. 1 item 12), substituted by No. 26/1997 s. 15(1), amended by No. 46/1998 s. 7(Sch. 1). (2) Monitors employed in relation to agreements under section 8B(1) or 9(1) are responsible to the Secretary for assessment and review of the provision of services by contractors or under those agreements and have any other functions that may be prescribed or specified by the Secretary. S. 9D(2A) inserted by No. 26/1997 s. 15(1), amended by No. 46/1998 s. 7(Sch. 1). s. 9D (2A) Monitors employed in relation to agreements under section 9AA are responsible to the Chief Commissioner of Police for assessment and review of the provision of services by contractors or sub-contractors under those agreements and have any other functions that may be prescribed or specified by the Chief Commissioner.
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. 15 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.
S. 20(5A) inserted by No. 10/2013 s. 10(1). (5A) An officer, when required by the Secretary, must provide oral or written information to the Secretary in relation to the security and good order of a prison or the safe custody and welfare of prisoners. (6) In relation to officers within the meaning of paragraph (f) of the definition of "officer" in section 14— (a) subsection (2) applies as if it did not include a reference to welfare; and S. 20(6)(b) substituted by No. 10/2013 s. 10(2). (b) subsections (4), (5) and (5A) apply as if they referred to returns, reports, records and oral or written information concerning prison security only. S. 20(7) amended by No. 45/1996 s. 17(Sch. 1 item 18(a)(b)). (7) At the Secretary's request an officer must make available to the Secretary a return or report prepared under subsection (4), or a record kept under subsection (5). 21 Duties of Governor s. 21 (1) The Governor of a prison is responsible for the management, security and good order of the prison and the safe custody and welfare of the prisoners. (2) The Governor of a prison must take reasonable steps to ensure that officers assigned to the prison know what their powers and duties are and what provision is made by or under this Act concerning prisons and prisoners. (3) The Governor of a prison must give all necessary directions to ensure that— (a) officers within the meaning of paragraph (f) of the definition of officer in section 14 assigned to the prison comply with the provisions of this Act and the regulations relating to prison security; and
(3) Where a prison officer uses force to compel a prisoner to obey an order the prison officer must report the fact forthwith to the Governor. S. 23(4) amended by No. 45/1996 s. 17(Sch. 1 item 19). (4) Where a Governor uses or orders the use of force to compel a prisoner to obey an order the Governor must report the fact to the Secretary. (5) A prison officer is not liable for injury or damage caused by the use of force in accordance with this section. s. 23 _______________ Division 1—Management and security of prisons 24 Delegation by Governor s. 24 A Governor may by instrument delegate to any officer or class of officers within the meaning of Part 5 any function or power of the Governor under this Act, except this power of delegation, and any power which is declared by the regulations to be a power which the Governor cannot delegate. 25 Secretary may nominate person to act as Governor S. 25(1) amended by No. 45/1996 s. 17(Sch. 1 item 20). (1) If the Governor of a prison is absent from the prison or the position of Governor is vacant the Secretary may nominate a prison officer to act as Governor of the prison while the Governor is absent or the position of the Governor is vacant. (2) A prison officer nominated to act as Governor has the functions powers and duties of the Governor while so acting. 26 Management of prisons in Governor's temporary absence
family member, in relation to a person, means that person's— (a) spouse or domestic partner; (b) child or step-child aged 18 years or more; (c) parent, step-father, step-mother or legal guardian; (d) brother, sister, step-brother or aged 18 years or more; (e) grandparent; (f) grandchild aged 18 years or more; (g) uncle or aunt; (h) niece or nephew aged 18 years or more; (i) father-in-law, mother-in-law, daughter-in-law, brother-in-law or sister-in-law aged 18 years or more; S. 30A(1) def. of relevant offence inserted by No. 49/2006 s. 5(1)(c), amended by No. 91/2009 s. 202(1)(b). relevant offence means a relevant offence within the meaning of the Serious Sex Offenders (Detention and Supervision) Act 2009; S. 30A(1) def. of supervision order inserted by No. 91/2009 s. 202(1)(a). supervision order means a supervision order within the meaning of the Serious Sex Offenders (Detention and Supervision) Act 2009 or an interim supervision order under that Act; law,
S. 30A (2AA)(ba)(iii) inserted by No. 10/2013 s. 12(4). (iii) a copy of the order; s. 30A S. 30A (2AA)(c) amended by No. 91/2009 s. 202(2)(d). (c) if the extended supervision order, 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). (2AB) Subsection (2AA) applies— (a) despite an order made under section 42 of the Serious Sex Offenders Monitoring Act 2005 unless the order expressly prohibits publication to a victim; and (b) despite sections 43 and 44 of the Serious Sex Offenders Monitoring Act 2005. 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. 30C(3)(a)(ii) inserted by No. 49/2006 s. 5(7)(a), amended by No. 91/2009 s. 203(1). (ii) an offender who is or was subject to an extended supervision order, a supervision order or a detention order, or an application for an extended supervision order, a supervision order or a detention order— against that person; or S. 30C(3)(b) amended by No. 49/2006 s. 5(7)(b). (b) can demonstrate, to the satisfaction of the Secretary, a substantial connection to the offence for which the prisoner is serving a sentence of imprisonment; or S. 30C(3)(c) inserted by No. 49/2006 s. 5(7)(c), amended by No. 91/2009 s. 203(1). (c) can demonstrate, to the satisfaction of the Secretary, a substantial connection to the relevant offence for which the offender is or was subject to an extended supervision order, a supervision order or a detention order, or an application for an extended supervision order, a supervision order or a detention order. S. 30C(4) inserted by No. 49/2006 s. 5(8), amended by No. 91/2009 s. 203(2). (4) If a person makes an application under section 30B after the expiry of the relevant sentence of imprisonment or the relevant extended supervision order, supervision order or detention order, the Secretary is not required to include the person on the victims register. S. 30D inserted by No. 14/2004 s. 8. 30D Secretary may refuse to include nominee details for person included on victims register s. 30D (1) If an applicant under section 30B includes details of a nominee to whom the applicant wishes information under section 30A to be disclosed, the Secretary may include those details in respect of the applicant as part of the inclusion of the applicant as a person on the victims register if satisfied that it is appropriate to do so. (2) If an applicant under section 30B is included on the victims register, the Secretary may refuse to
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 s. 33 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)(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; s. 47 (iv) the Ombudsman; (v) the Health Services Commissioner; (vi) the Human Rights Commissioner; (vii) any person authorised to act on behalf of a person listed in subparagraph (iv), (v) or (vi); 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; (o) the right to take part in educational programmes in the prison. (2) A prisoner's rights under this section are additional to, and do not affect any other rights which a prisoner has under an Act other than this Act or at common law. S. 47(3) inserted by No. 15/1989 s. 29, amended by No. 37/2014 s. 10(Sch. item 32.8). (3) Subsection (1)(m) does not prevent the opening of letters in accordance with section 28(3) of the Ombudsman Act 1973.
S. 48 def. of Chief prison officer repealed by No. 16/1991 s. 11(1). * * * * * S. 48 def. of disciplinary officer inserted by No. 16/1991 s. 11(1), amended by No. 45/1996 s. 17(Sch. 1 item 32). disciplinary officer means a prison officer— (a) nominated by the Secretary as a disciplinary officer; or (b) in a class of prison officers nominated by the Secretary as disciplinary officers; privilege in relation to a prison means any of the privileges determined in accordance with the regulations for that prison; prison offence means a contravention of this Act or the regulations; register of offences means the register of prison offences established in accordance with the regulations. S. 49 substituted by No. 16/1991 s. 11(2), amended by No. 45/1996 s. 17(Sch. 1 item 33). 49 Disciplinary officers The Secretary may by instrument nominate— (a) a prison officer to be a disciplinary officer in a prison or in any part of a prison; or (b) officers in a class of prison officers to be disciplinary officers in a prison or in any part of a prison. 50 Prison offences s. 50 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
52 Secretary may nominate Governor to hear charge s. 52 (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. S. 52(4) amended by No. 45/1996 s. 17(Sch. 1 item 34). (4) As soon as possible after deciding to grant or refuse a request under subsection (3) the Secretary must give notice of the decision to the Governor of the prison concerned. S. 52(5) amended by No. 45/1996 s. 17(Sch. 1 item 34). (5) A Governor who has received a request under subsection (1) must not hear the charge for the prison offence to which the request relates unless and until the Secretary notifies the Governor that the request has been refused. 53 Governor's hearing S. 53(1) substituted by No. 16/1991 s. 13(1). (1) If a charge is to be heard by the Governor of the prison or by another Governor, the Governor of the prison must— (a) not less than 72 hours before the hearing; or (b) if the Governor and prisoner agree to a shorter period, within that shorter period; or S. 53(1)(c) amended by No. 45/1996 s. 17(Sch. 1 item 35). (c) if the prisoner is due to be discharged from prison within 7 days of the alleged prison offence occurring or if, in the opinion of the Secretary, a period of notice shorter than 72 hours is necessary for the security or good
S. 61(3) amended by No. 16/1987 s. 4(3)(Sch. 1 item 7(f)). (3) The Board established by this section is deemed to be the same Board as the Adult Parole Board established under Division 4 of Part VIII of the Community Services Act 1970 and the Parole Board established under Part IV of the Crimes Act 1958. s. 61 (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—
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 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 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
(6) If a member who is a Judge of the Supreme Court or the County Court ceases to be a Judge, the member ceases to hold office as a member. S. 63(6AA) inserted by No. 10/2013 s. 23(1). (6AA) If a member who is an Associate Judge of the Supreme Court ceases to be an Associate Judge, the member ceases to hold office as a member. 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—
(4) The following questions which may arise before a division of the Board are to be decided by the chairperson of the division alone— (a) whether a question is a question of fact or of law; (b) any question determined to be a question of law. S. 64A inserted by No. 91/2009 s. 207. 64A Detention and Supervision Order division s. 64A (1) There is to be a Detention and Supervision Order division (DSO division) of the Adult Parole Board. (2) The chairperson may determine a number of members of the Board (the DSO panel) who are eligible to sit as members of the DSO division. (3) The Secretary is not eligible to sit as a member of the DSO division. S. 64A(4) amended by No. 31/2014 s. 4(1). (4) The chairperson may select members of the DSO panel to constitute the DSO division from time to time. S. 64A(5) amended by No. 10/2013 s. 25. (5) At least one of the members of the DSO division must be a Judge, retired Judge, Associate Judge, Magistrate or retired Magistrate. (6) The chairperson may select a member of the DSO division to be the chairperson or acting chairperson of the division. (7) The chairperson or acting chairperson of the DSO division may determine the times and places that the division is to meet. S. 64A(8) amended by No. 31/2014 s. 4(2). (8) A question is not to be decided at a meeting of the DSO division unless the chairperson, or acting chairperson, and at least 2 other members of the division are present.
Note Section 6 of the Serious Sex Offenders (Detention and Supervision) Act 2009 provides that the DSO division is to exercise the powers and carry out the functions of the Adult Parole Board under that Act. 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 s. 65 (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
S. 69(1)(ab) inserted by No. 1/2005 s. 47(1). (ab) the Serious Sex Offenders Monitoring Act 2005; and S. 69(1)(ac) inserted by No. 91/2009 s. 209. (ac) the Serious Sex Offenders (Detention and Supervision) Act 2009; and S. 69(1)(b) substituted by No. 48/2006 s. 42(Sch. item 8.4). (b) Part 5.6 of the Children, Youth and Families Act 2005 and regulations made under that Part; and S. 69(1)(c) amended by No. 30/2010 s. 53(1). (c) Subdivision (1A) of Division 2 of Part 3 of the Sentencing Act 1991 and the regulations made under that Subdivision. S. 69(1)(d) repealed by No. 30/2010 s. 53(2). * * * * * (2) In exercising its functions, the Board is not bound by the rules of natural justice. S. 69(3) substituted by No. 81/2005 s. 6. (3) A member of the Board is not personally liable for anything done or omitted to be done in good faith— (a) in relation to any function referred to in subsection (1), or in exercising any power in relation to such a function; or s. 69 (b) in the reasonable belief that the act or omission related to the function, or was in the exercise of the power. S. 69(4) inserted by No. 81/2005 s. 6. (4) Any liability resulting from an act or omission that would, but for subsection (3), attach to the member of the Board attaches instead to the Board.
S. 72(1)(bb) inserted by No. 53/2003 s. 17(1), repealed by No. 48/2011 s. 8, new s. 72(1)(bb) inserted by No. 10/2013 s. 27. (bb) the number of requests made for a review of a Board decision relating to parole; and S. 72(1)(bc) inserted by No. 53/2003 s. 17(1), repealed by No. 48/2011 s. 8, new s. 72(1)(bc) inserted by No. 10/2013 s. 27. (bc) the number of rejections of a request made for a review of a Board decision relating to parole and the reason for each rejection; and S. 72(1)(bca) inserted by No. 10/2013 s. 27. (bca) the number of requests made for a review of a Board decision relating to parole that are accepted and the outcome of each review completed; and s. 72 S. 72(1)(bcb) inserted by No. 62/2013 s. 10(1). (bcb) the number of persons convicted during that period of a serious offence committed while on parole; and S. 72(1)(bd) inserted by No. 1/2005 s. 47(3), amended by No. 21/2008 s. 6(b). (bd) details of the number of persons in respect of whom an extended supervision order or interim extended supervision order was made under the Serious Sex Offenders Monitoring Act 2005 during that period; and S. 72(1)(be) inserted by No. 1/2005 s. 47(3). (be) the operation of the Serious Sex Offenders Monitoring Act 2005 during that period; and S. 72(1)(bf) inserted by No. 91/2009 s. 211(1). (bf) the operation of the Serious Sex Offenders (Detention and Supervision) Act 2009 during that period, including—
S. 73 (Heading) inserted by No. 1/2005 s. 47(6). S. 73 amended by Nos 44/1991 s. 6(m), 53/2003 s. 18, 1/2005 s. 47(7) (ILA s. 39B(1)). 73 Officers subject to Board's directions s. 73 S. 73(1) amended by No. 48/2011 s. 9. (1) In relation to a parole order community corrections officers are subject to the directions of the Board. S. 73(2) inserted by No. 1/2005 s. 47(7), amended by No. 21/2008 s. 6(d). (2) In relation to an extended supervision order or interim extended supervision order under the Serious Sex Offenders Monitoring Act 2005, employees of the Department of Justice provided to the Board under section 70 are subject to the directions of the Board. S. 73(3) inserted by No. 91/2009 s. 212. (3) The employees provided under section 70 to assist the Adult Parole Board in carrying out functions under the Serious Sex Offenders (Detention and Supervision) Act 2009 are subject to the directions of the Board in carrying out those functions. S. 73A inserted by No. 62/2013 s. 11. 73A Safety and protection of the community paramount in parole decisions The Board must give paramount consideration to the safety and protection of the community in determining whether to make or vary a parole order, cancel a prisoner's parole or revoke the cancellation of parole.
S. 74(5) amended by No. 49/1991 s. 119(4), substituted by No. 15/2013 s. 7. (5) The Board may— (a) impose additional terms and conditions on the parole order; and S. 74(5)(b) amended by No. 12/2014 s. 14(2). (b) attach to a term or condition to which the parole order is subject a requirement for electronic monitoring of the prisoner to monitor compliance with the condition; and (c) vary the terms and conditions to which the parole order is subject. S. 74(5A) inserted by No. 12/2014 s. 14(3). (5A) If, under subsection (5)(b), the Board attaches an electronic monitoring requirement to a term or condition of a parole order, that parole order is subject to the following conditions— s. 74 (a) the prisoner must comply with any direction given by the Board or the Secretary under subsection (5B); (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; (c) the prisoner must not tamper with, damage or disable 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.
(9) In this section— conviction includes a finding of guilt by a court, whether or not a conviction is recorded; serious violent offence means any of the following offences— (a) an offence to which clause 2 of Schedule 1 to the Sentencing Act 1991 applies; (b) an offence against any of the following provisions of the Crimes Act 1958— (i) section 75A (armed robbery); (ii) section 77 (aggravated burglary); (iii) section 197A (arson causing death); (c) false imprisonment; (d) an offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in paragraphs (b) and (c); (e) any other offence, whether committed in Victoria or elsewhere, the necessary elements of which consist of elements that constitute any of the offences referred to in paragraphs (b) to (d); s. 77A 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.
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 s. 79I 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. S. 79J inserted by No. 49/2006 s. 7. 79J Recall and cancellation of warrants S. 79J(1) amended by No. 15/2013 s. 6(b). (1) A warrant issued under section 60M(10), 60R(2)(b) or 77B(1)(a) by the Board may be recalled and cancelled by the Board. S. 79J(2) amended by No. 15/2013 s. 6(c). (2) A warrant issued under section 77B(1)(b) by a magistrate may be recalled and cancelled by that magistrate or any other magistrate. (3) If a warrant has been recalled and cancelled, a fresh warrant may be issued for the same purpose as that for which the recalled warrant was issued. S. 79K inserted by No. 49/2006 s. 7. 79K Duplicate warrants S. 79K(1) amended by No. 15/2013 s. 6(b)(c). (1) If a warrant issued under section 60M(10), 60R(2)(b) or 77B(1)(a) by the Board or a warrant issued under section 77B(1)(b) by a magistrate is lost or destroyed before it is executed, the Board or a magistrate, as the case may be, may issue a duplicate warrant if satisfied by evidence on oath or by affidavit of the loss or destruction of the original warrant.
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— (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 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
S. 90(1) amended by No. 45/1996 s. 17(Sch. 1 item 57). s. 90 (1) An officer must, when required by the Secretary, make reports and returns and keep records and give those reports, returns and records to the Secretary or to any person or body stated in the requirement. S. 90(2) amended by No. 45/1996 s. 17(Sch. 1 item 57). (2) An officer must, when required by the Secretary— (a) report to a court concerning an offender or a person who comes before the court for sentencing or where the court is considering giving a person a bond; and (b) report to the Adult Parole Board concerning an offender. S. 90(2A) inserted by No. 10/2013 s. 30(1). (2A) An officer, when required by the Secretary, must provide oral or written information to the Secretary in relation to the management, security or good order of a location or the safety and welfare of offenders at a location. (3) An officer working at a location— (a) must not jeopardize the security or the good order of the location; and (b) must report immediately to the Regional Manager anything which might reasonably be thought to jeopardize the security or the good order of the location. (4) In relation to officers within the meaning of paragraph (e) of the definition of officer in section 85— S. 90(4)(a) substituted by No. 10/2013 s. 30(2). (a) subsections (1), (2) and (2A) apply as if they referred to reports, returns, records and oral or written information concerning the security of locations only; and (b) subsection (3) applies as if it did not include references to good order. s. 90
S. 104(1) amended by No. 45/1996 s. 17(Sch. 1 item 63(b)). (1) An offender is subject to the Secretary's directions while the offender is at a location, taking part in a community corrections programme or is being transferred from one location to another, from a location to a place where a community corrections programme is conducted, or from that place to a location. S. 104(2) amended by No. 45/1996 s. 17(Sch. 1 item 63(a)). (2) The Secretary may, if not inconsistent with the correctional order relating to an offender, direct the offender to attend a location or to take part in a community corrections programme. S. 104(3) amended by No. 45/1996 s. 17(Sch. 1 item 63(a)). (3) An offender who disobeys a direction given by the Secretary under this section is guilty of an offence. 5 penalty units. _______________ Pt 9A (Heading and ss inserted by No. 45/1996 s. 11. S. 104A inserted by No. 45/1996 s. 11. 104A Definitions s. 104A In this Part— charged person means— (a) a person who has been charged with an offence who is detained in a police gaol; or (b) a person who is detained in a police gaol on the order of a court; detained person means any person who is detained in a police gaol;
(b) the amount of any payments under subsection (2). __________________ Pt 9E (Heading and ss inserted by No. 10/2013 s. 35. 104ZX Definitions S. 104ZX inserted by No. 10/2013 s. 35. s. 104ZX In this Part— Corrections legislation means any of the following— (a) this Act; (b) the Community Based Sentences (Transfer) Act 2012; (c) the Parole Orders (Transfer) Act 1983; (d) the Prisoners (Interstate Transfer) Act 1983; (e) the Serious Sex Offenders (Detention and Supervision) Act 2009; (f) the regulations made under any Act referred to in paragraph (a), (b), (c), (d) or (e); information includes photographs, fingerprints, samples and results of tests; official duties includes the following— (a) the administration of Corrections legislation;
(a) the management, good order and security of prisons and locations and the discipline and welfare of prisoners and offenders, the privileges of prisoners and the procedures for hearing and dealing with prison offences and acts of misconduct by offenders; S. 112(1)(aa) inserted by No. 15/1989 s. 30(1). (aa) the management, good order and security of police gaols and the discipline and welfare of people detained in them, and the procedures for hearing and dealing with offences and acts of misconduct committed by people detained in police gaols; S. 112(1)(ab) inserted by No. 45/2014 s. 5. (ab) the prohibition and regulation of smoking in a prison or in any part of a prison; S. 112(1)(ac) inserted by No. 45/2014 s. 5. (ac) the prohibition and regulation of entry, use and possession of tobacco products and tobacco smoking accessories in a prison or in any part of a prison; S. 112(1)(b) amended by No. 16/1991 s. 17(a). (b) the establishment of training institutions for officers under Part 5 or Part 9; S. 112(1)(ba) inserted by No. 16/1991 s. 17(b). (ba) the training, discipline and conduct of officers; S. 112(1)(c) amended by No. 15/1989 s. 30(2). (c) the medical and dental testing and treatment (including vaccination) of prisoners, offenders and people detained in police gaols; S. 112(1)(d) amended by No. 15/1989 s. 30(3). (d) the manner of dealing with property belonging to, sent to, or delivered for prisoners and people detained in police gaols and restrictions on the storage in a prison of property belonging to prisoners and people detained in police gaols; s. 112
is made before or after the date of commencement of this section. S. 114 amended by No. 16/1987 s. 4(3)(Sch. 1 item 7(l)), repealed by No. 11/1995 s. 3(2)(Sch. 2), new s. 114 inserted by No. 45/2001 s. 22. 114 Transitional provisions—legal custody s. 114 (1) Any person who immediately before the commencement of section 4 of the Corrections (Custody) Act 2001 was deemed under section 4 to be in the custody of the Secretary, is, on and after that commencement, deemed to be in the legal custody of the Secretary under Part 1A until custody ceases in accordance with that Part. (2) Any person who immediately before the commencement of section 12 of the Corrections (Custody) Act 2001 was deemed under section 11 to be in the custody of the Chief Commissioner of Police, is, on and after that commencement, deemed to be in the legal custody of the Chief Commissioner of Police under Part 1A until custody ceases in accordance with that Part. S. 115 inserted by No. 35/2002 s. 10. 115 Transitional provisions—Criminal Justice Legislation (Miscellaneous Amendments) Act 2002 (1) The amendments to this Act made by section 7 of the Criminal Justice Legislation (Miscellaneous Amendments) Act 2002 apply to fingerprints taken after the commencement of that section. (2) The amendments to this Act made by section 8 of the Criminal Justice Legislation (Miscellaneous Amendments) Act 2002 apply to information whether obtained before or after the commencement of that section. S. 115A inserted by No. 97/2004 s. 5. 115A Transitional provisions—change of name applications (1) This Act as amended by Part 2 of the Corrections and Major Crime (Investigative Powers) Acts (Amendment) Act 2004 applies to any change of name application received by the Registrar before the commencement of that Part, if the change of
Assent Date: 11.6.03 Commencement Date: 12.6.03: s. 2 : All of Act in operation Corrections and Sentencing Acts (Home Detention) Act 2003, No. 53/2003 Assent Date: 16.6.03 Commencement Date: Ss 11–19 on 1.1.04: s. 2(5); ss 20, 21 never proclaimed, repealed by No. 79/2006 s. 15 : This information relates only to the provision/s amending the Corrections Act 1986 Corrections (Further Amendment) Act 2004, No. 14/2004 Assent Date: 18.5.04 Commencement Date: 30.8.04: s. 2(2) : All of Act in operation Drugs, Poisons and Controlled Substances and Therapeutic Goods () Acts (Amendment) Act 2004, No. 74/2004 Assent Date: 9.11.04 Commencement Date: S. 21 on 10.11.04: s. 2 : This information relates only to the provision/s amending the Corrections Act 1986 Corrections and Major Crime (Investigative Powers) Acts (Amendment) Act 2004, No. 97/2004 Assent Date: 14.12.04 Commencement Date: Ss 3–5 on 15.12.04: s. 2(2) : This information relates only to the provision/s amending the Corrections Act 1986 Endnotes Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 45) on 5.4.05: Government Gazette 31.3.05 p. 602 : This information relates only to the provision/s amending the Corrections Act 1986 Serious Sex Offenders Monitoring Act 2005, No. 1/2005 Assent Date: 1.3.05 Commencement Date: S. 47 on 26.5.05 : Government Gazette 26.5.05 p. 1069 : This information relates only to the provision/s amending the Corrections Act 1986 Corrections (Transition Centres and Custodial Community Permits) Act 2005, No. 2/2005 Assent Date: 5.4.05 Commencement Date: Ss 3–8 on 1.8.05: s. 2(3) : This information relates only to the provision/s amending the Corrections Act 1986 Legal Profession (Consequential Amendments) Act 2005, No. 18/2005