Division 5—Parole 150 61 Establishment of Board 150 61A Chairperson and deputy chairpersons 153 62 Deputy members 153 63 Terms of office 154 64 Divisions 157 64A Detention and Supervision Order division 158 65 Chairing of meetings 159 66 Meetings 159 66A Secretary of Adult Parole Board 160 67 Secretary of the Board or member may act on behalf of Board 161 68 Evidentiary 161 69 Functions of Board 162 70 Secretary to supply assistance to Board 164 71 Evidence 165 71A Power of Board to compel production of documents and other things or attendance of witnesses 165 71B Variation or revocation of notice to produce or notice to attend 166 71C Service of notice to produce or notice to attend 167 71D Power of Board to compel attendance of witnesses does not affect power of Board to direct prisoners on parole to attend for interview 169 71E Appearance by audio visual link 169 71F Notice to attend issued to person in custody 170 71G Power to take evidence on oath or affirmation 170 71H Offence to fail to comply with a notice to produce or attend 171 71I Offence to fail to take oath, make affirmation or answer question 171 71J Costs of attending meeting of the Board 172 71K Protection of participants at Board meeting 172 72 Reports 173 73 Officers subject to Board's directions 177 73A Safety and protection of the community paramount in parole decisions 178 74 Release on parole after service of non-parole period 178 74AAA Conditions for making a parole order for prisoner who murdered police officer 181 74AA Conditions for making a parole order for Julian Knight 182 74AABA Conditions for making a parole order for person imprisoned for certain fatal offences 183 74AAB Release on parole of person imprisoned for sexual offence or serious violent offence 186 74A Victim submissions 187
(b) in the dentists division of that profession; S. 3(1) def. of Department inserted by No. 41/2015 s. 35(b). Department means the Department of Justice and Regulation; 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 of repealed by No. 45/1996 s. 17(Sch. 1 item 1(b)).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 drug of dependence inserted by No. 59/2015 s. 8. drug of dependence has the same meaning as in the Drugs, Poisons and Controlled Substances Act 1981; S. 3(1) def. of escort officer inserted by No. 45/2001 s. 3(2). escort officer means— (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
(a) an order of imprisonment is made in relation to the person, or an order is made by a court requiring the person to be held in police custody, or there is other lawful authority to detain the person in a police gaol; and (b) either of the following events occurs— S. 6D(1)(b)(i) amended by No. 37/2014 s. 10(Sch. item 32.2). (i) a police officer or a person acting under lawful authority on behalf of the Chief Commissioner takes physical custody of the person; or (ii) a person at a police gaol acting under lawful authority on behalf of the Chief Commissioner receives the person into the police gaol. S. 6D(1A) inserted by No. 5/2006 s. 14(5). (1A) Subsection (1) applies each time when— S. 6D(1A)(a) amended by No. 41/2015 s. 39. (a) a person who has ceased to be in the legal custody of the Chief Commissioner of Police by force of section 6E(1)(ca) is again taken into custody and detained under the order referred to in that section; and (b) either of the events referred to in subsection (1)(b) occurs. S. 6D(1B) inserted by No. 59/2015 s. 9(1). (1B) Without limiting paragraph (a) of subsection (1), a reference to lawful authority in that paragraph includes— (a) a power of arrest (with or without warrant) under any Act; and (b) a power of apprehension under any Act or at common law.
(f) a provision providing for the suspension of obligations under the agreement in specified circumstances, except the obligations referred to in subsection (1)(e), (f) and (g); (g) in the case of an agreement under section 8B(1)(b), a provision providing for— (i) the Minister to take over, or nominate any other person or body to take over, rights or obligations under any other agreement or transaction; (ii) the transfer of land to the Minister in the circumstances set out in the agreement; (h) a provision providing for rights of access in relation to correctional services; S. 8C(2)(ha) inserted by No. 12/2014 s. 4. (ha) a provision providing for the Minister to grant a lease or licence under section 8CA; (i) any other provisions that are not inconsistent with this Act or the regulations. S. 8CA inserted by No. 12/2014 s. 5. 8CA Minister may grant lease or licence over reserved Crown land (1) This section applies to Crown land— (a) reserved for prison purposes under section 4 of the Crown Land (Reserves) Act 1978; and (b) on which a prison is or is to be located. (2) Subject to subsection (3), the Minister may, for and on behalf of the Crown, grant a lease or licence over land to which this section applies. (3) A lease or licence granted under subsection (2)— (a) may be entered into for the purposes of an agreement under section 8B(1)(a); and
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
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 subcontractors 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). (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. 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
this section are deemed to be appointed a police gaol under this section. S. 11(7) repealed by No. 45/2001 s. 12. * * * * * S. 11(7A) inserted by No. 38/1988 s. 7(1)(a), amended by Nos 35/2002 s. 7(2), 37/2014 s. 10(Sch. item 32.2), 59/2015 s. 10(1). (7A) As soon as possible after a person is received into a police gaol to serve the whole or a part of a prison sentence a police officer or police custody officer may take the person's fingerprints. S. 11(8)(9) repealed by No. 45/2001 s. 12. * * * * * New s. 11(8) inserted by No. 59/2015 s. 10(2). (8) A fingerprint referred to in subsection (7A) may be taken— (a) in a police gaol; or (b) in the vicinity of a police gaol and within a police station. S. 11A inserted by No. 2/2005 s. 5. 11A Establishment of transition centres (1) The Governor in Council may, by Order, appoint any premises or place to be a transition centre. (2) The name of a transition centre is the name given to it in the Order establishing it. (3) An Order under subsection (1) may state the maximum number of people that may reside in the transition centre at any one time. (4) The Governor in Council may, by Order, revoke the appointment of any premises or place as a transition centre.
S. 13(6) amended by No. 45/1996 s. 17(Sch. 1 item 14). (6) The Secretary must keep a register containing copies of instruments of authority issued under this section. S. 13(7) amended by No. 16/1987 s. 4(3)(Sch. 1 item 7(d)). (7) A person who immediately before the commencement of this section held a position as an honorary probation officer under section 507 of the Crimes Act 1958 or an honorary parole officer under Division 4 of Part VIII of the Community Services Act 1970 is deemed to be authorized under subsection (1) to work as a volunteer on the same terms and conditions as those stated in the person's instrument of appointment as an honorary probation officer or an honorary parole officer. Division 1—General 14 Definitions In this Part— S. 14 def. of officer amended by Nos 23/1994 s. 118(Sch. 1 item 14.1), 45/1996 s. 7(a), 24/2006 s. 6.1.2(Sch. 7 item 10.1), 13/2010 s. 51(Sch. item 16.2), 76/2013 s. 23. officer means a person who is— (a) a Governor; or (b) a prison officer; or (c) a volunteer; or (d) working in a prison or with prisoners and who is— (i) an employee in the public service; or
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 Nos 91/2009 s. 203(1), 41/2015 s. 24(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 a supervision order or a detention order, or an application for a supervision order or a detention order. S. 30C(4) inserted by No. 49/2006 s. 5(8), amended by Nos 91/2009 s. 203(2), 41/2015 s. 24(2). (4) If a person makes an application under section 30B after the expiry of the relevant sentence of imprisonment or the relevant 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 (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 include details of an applicant's nominee if the Secretary believes on reasonable grounds that the disclosure of information under section 30A to the nominee— (a) may endanger— (i) the security of any prison; or
(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.
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). (vii) the Independent Broad-based Anticorruption Commission established under section 12 of the Independent Broad-based Anticorruption Commission 2011; S. 47(1) (m)(viii) inserted by No. 41/2015 s. 14(1). (viii) the Victorian Inspectorate established under section 8 of the Victorian Inspectorate Act 2011; S. 47(1)(m)(ix) inserted by No. 41/2015 s. 14(1). (ix) the Victorian Legal Services Commissioner appointed under section 51 of the Legal Profession Uniform Law Application Act 2014; S. 47(1)(m)(x) inserted by No. 41/2015 s. 14(1). (x) the Freedom of Information Commissioner appointed under Part IA of the Freedom of Information Act 1982;
and the prisoner has not served the nonparole period—the non-parole period; (c) if a non-parole period has been fixed in relation to a sentence of imprisonment and the prisoner has served the nonparole period and is not on parole—so much of the sentence as the board determines for the purposes of this definition. S. 55(2) repealed by No. 44/1991 s. 6(j). * * * * * Pt 8 Div. 1A (Heading and ss 55A–55J) inserted by No. 45/2001 s. 15. Division 1A—Escort officers S. 55A inserted by No. 45/2001 s. 15. 55A Powers of Secretary in relation to escort officers (1) The Secretary may direct an escort officer to transport or supervise a prisoner. (2) An escort officer must comply with a direction of the Secretary. S. 55B inserted by No. 45/2001 s. 15. 55B Escort officers subject to direction of court or tribunal (1) An escort officer must, if directed by the court, supervise a person who has surrendered himself or herself into the custody of the court in answer to his or her bail. (2) An escort officer must comply with any lawful direction of the court or tribunal when supervising—
committed unless the prisoner has been convicted or found guilty of that offence. (3) An application under subsection (1) must not be made in relation to a prisoner in circumstances in which the prisoner may be removed from prison by or under this Act and delivered in to the custody of another person. (4) An application under subsection (1) must— (a) be in writing; and (b) state the grounds on which the application is made; and S. 56B(4)(ba) inserted by No. 12/2014 s. 9. (ba) be supported by an affidavit setting out the grounds on which the application is made; and (c) include the following documents— (i) the prisoner's written consent to the making of the proposed order; and S. 56B(4)(c)(ii) amended by No. 37/2014 s. 10(Sch. item 32.12). (ii) an assessment made by a police officer as to the risks, (if the order is made) to the security and good order of the prison in which the prisoner is detained and to the safety and welfare of the prisoner or any other person before the making of the order, while the order is in force and after the order ceases to be in force; and (iii) an assessment made by the Secretary (taking into account the assessment referred to in subparagraph (ii)) as to the risks (if the order is made) to the security and good order of the prison in which the prisoner is detained and to
S. 57C(1)(a) substituted by No. 32/2006 s. 90(2)(a). (a) who is a prisoner who is in the legal custody of the Secretary solely because he or she failed to pay a monetary penalty or an instalment under an instalment order; or S. 57C(1)(b) amended by No. 32/2006 s. 90(2)(b). (b) who is in the legal custody of the Chief Commissioner solely for a reason described in paragraph (a). (2) The Secretary may issue a fine default permit to the person requiring the person to carry out community work as specified in the permit. (3) The Secretary may issue the permit for a period of up to the whole, or the remaining part, of the term for which the person may be imprisoned. Note Section 6C(1)(bc) provides that a person who is absent from a prison under a fine default permit is not in the legal custody of the Secretary. S. 57D inserted by No. 2/2005 s. 7. 57D Provisions applying to all custodial community permits (1) The Secretary may only issue a custodial community permit to a prisoner if the Secretary is satisfied that— (a) adequate consideration has been given to the safety and welfare of the prisoner and members of the public; and (b) facilities exist for the provision of adequate and suitable escort and transport where necessary; and (c) in addition to the requirements of this Division, the issuing of the permit complies with any requirements set out in the regulations. (2) In issuing a custodial community permit, the Secretary—
Secretary or member under this Division, and must presume that the document was duly signed. S. 68(2) amended by Nos 45/1996 s. 17(Sch. 1 item 46(b)), 41/2015 s. 19. (2) A certificate signed by the secretary of the Board which purports to set out the Board's decision or determination on a matter is evidence of the making of that decision or determination by the Board. 69 Functions of Board S. 69(1) amended by Nos 16/1987 s. 4(3)(Sch. 1 item 7(g)), 41/1993 s. 18, 44/1996 s. 11, substituted by No. 53/2003 s. 15. (1) The Board has the functions conferred on it by— (a) this Act and the regulations; and S. 69(1)(ab) inserted by No. 1/2005 s. 47(1), repealed by No. 41/2015 s. 26. * * * * * 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). * * * * *
S. 72(4) amended by Nos 1/2005 s. 47(4), 21/2008 s. 6(c), 41/2015 s. 28(2). (4) When required by the Minister the Board must give to the Minister a report and recommendation concerning a person who at the time of the report is serving a prison sentence. S. 72(4A) inserted by No. 91/2009 s. 211(2). (4A) When required by the Minister, the Board must give to the Minister a report and recommendations concerning a person who at the time of the report— (a) is serving a sentence of imprisonment; or (b) is the subject of a detention order or interim detention order or supervision order or interim supervision order under the Serious Sex Offenders (Detention and Supervision) Act 2009. S. 72(5) amended by Nos 53/2003 s. 17(3), 1/2005 s. 47(5), 91/2009 s. 211(3), 41/2015 s. 28(3). (5) When the Minister requires the Board must give to the Minister a report on a matter stated in the requirement and relating to the operation of this Division or Division 4 or the Serious Sex Offenders (Detention and Supervision) Act 2009 or the activities of the Board. S. 72(6) repealed by No. 65/1997 s. 81(c). * * * * * S. 72(7) amended by No. 45/2001 s. 37. (7) At the request of the Attorney-General for the Commonwealth the Minister may authorize the Board or the Secretary— (a) to make reports and recommendations concerning a person detained in a prison in Victoria under or pursuant to a law of the Commonwealth, to the Attorney-General for the Commonwealth at the intervals and times
(d) the prisoner must accept any visit by the Secretary to the place where the prisoner resides, at any time that it is reasonably necessary and for any purpose including to install, repair, fit or remove any electronic monitoring device or equipment used for the electronic monitoring of the term or condition. S. 74(5B) inserted by No. 12/2014 s. 14(3). (5B) If an electronic monitoring requirement is attached to a term or condition of a parole order, the Board or Secretary may give the prisoner such directions as the Board or Secretary considers necessary for the electronic monitoring of the compliance of the term or condition. S. 74(5C) inserted by No. 12/2014 s. 14(3). (5C) A prisoner on parole must comply with a condition to which the parole order is subject under subsection (5A) unless the prisoner has a reasonable excuse. Penalty: 3 months imprisonment or 30 penalty units or both. S. 74(6) amended by No. 45/1996 s. 17(Sch. 1 item 47). (6) If the terms and conditions of a parole order require a prisoner to be under supervision, the Secretary must assign an officer to supervise the prisoner and may from time to time assign other officers to supervise the prisoner in place of the officer first assigned. (7) A prisoner released on parole must during the parole period comply with the terms and conditions of the parole order. (8) As soon as possible after making a determination revoking or cancelling a parole order the Board must give a copy of the determination to the prisoner including the reasons for the determination.
(2) If— (a) under an interstate law a permit is issued permitting a person imprisoned in a participating State (the first State) to travel to another participating State (the second State); and (b) in the course of escorting the person to the second State or returning the person to the first State pursuant to the permit, an escort brings the person into — the escort, while in , is authorised to hold, take and keep custody of the person for the purpose of escorting the person to the second State and returning him or her to the first State. S. 84D (Heading) inserted by No. 38/2003 s. 9(1). S. 84D inserted by No. 94/1994 s. 22. 84D Apprehension of prisoner who escapes or fails to return etc. S. 84D(1) amended by No. 37/2014 s. 10(Sch. item 32.14). (1) A person in the custody of an escort pursuant to section 84C who escapes from that custody may be apprehended without warrant by the escort, any police officer or any other person. S. 84D(1A) inserted by No. 38/2003 s. 9(2), amended by No. 37/2014 s. 10(Sch. item 32.14). (1A) A person who enters Victoria under a permit issued by a participating State permitting the person to travel without an escort to, or through, Victoria may be apprehended without warrant in Victoria by any police officer or anyone else if the person fails— (a) to return to the participating State as required by the terms of the permit; or (b) to comply with any other term of the permit.
time being determined by the Chief Commissioner. Pt 9A Div. 3 (Heading) inserted by No. 59/2015 s. 17. Division 3—Search and seizure powers in police gaols S. 104B inserted by No. 45/1996 s. 11. 104B Formal searches in police gaols S. 104B(1) substituted by No. 59/2015 s. 18(1). (1) A person who wishes to enter or remain in a police gaol as a visitor must submit to a formal search if asked to do so by a police officer or police custody officer. (2) In this section formal search means a search to detect the presence of drugs, weapons or metal articles carried out by an electronic or mechanical device. S. 104B(3) amended by No. 59/2015 s. 18(2). (3) If, when asked under subsection (1), a person does not submit to a formal search, a police officer or police custody officer may prohibit the person from entering the police gaol or if the person is in the police gaol, order the person to leave the police gaol immediately. S. 104C inserted by No. 45/1996 s. 11. 104C Search powers S. 104C(1) amended by No. 59/2015 s. 19(1). (1) For the good order or security of a police gaol or detained persons, the officer in charge of the police gaol may, at any time, exercise any of the following powers or order a police officer or
S. 104E def. of monitored person amended by No. 21/2008 s. 6(e), substituted by Nos 91/2009 s. 214, 41/2015 s. 30. monitored person means a person who is subject to a supervision order or interim supervision order under the Serious Sex Offenders (Detention and Supervision) Act 2009; S. 104E def. of officer substituted by No. 52/2015 s. 44(1). officer means— (a) an officer within the meaning of section 85; (b) a specified officer; S. 104E def. of specified officer inserted by No. 52/2015 s. 44(2). specified officer has the same meaning as in the Serious Sex Offenders (Detention and Supervision) Act 2009. Division 2—Monitored people at community corrections centres S. 104F inserted by No. 81/2005 s. 9, substituted by Nos 91/2009 s. 215, 41/2015 s. 31. 104F Application of this Division This Division applies if the Adult Parole Board directs a monitored person to attend a community corrections centre as a condition, imposed under section 16(2)(b) of the Serious Sex Offenders (Detention and Supervision) Act 2009, of the supervision order or interim supervision order to which the monitored person is subject. S. 104G inserted by No. 81/2005 s. 9. 104G Obligations of the officer in charge of the centre The officer in charge of the community corrections centre must take all reasonable steps for the security and management of, and the safety and welfare of, the monitored person at the centre. S. 104H inserted by No. 81/2005 s. 9. 104H Monitored person must comply with certain directions
While at the community corrections centre, the monitored person must comply with any direction given by an officer that is necessary for the management, good order or security of the centre. 5 penalty units. S. 104I inserted by No. 81/2005 s. 9. 104I Officers may use force to enforce directions in certain circumstances S. 104I(1) amended by No. 52/2015 s. 45(1). (1) The Regional Manager, a community corrections officer or a specified officer may use reasonable force to compel the monitored person, while at the community corrections centre, to obey a direction if he or she believes on reasonable grounds that the use of force is necessary— (a) to prevent the person or another person being killed or seriously injured; or (b) to prevent serious damage to property. S. 104I(1A) inserted by No. 52/2015 s. 45(2). (1A) In compelling the monitored person under subsection (1) to obey a direction, a specified officer may apply an authorised instrument of restraint to the monitored person if the specified officer believes on reasonable grounds that the application of the instrument of restraint is necessary to prevent the monitored person or another person being killed or seriously injured. S. 104I(2) amended by No. 52/2015 s. 45(3). (2) If a community corrections officer or specified officer uses force to compel the person to obey a direction, he or she must report that fact to his or her Regional Manager as soon as possible. S. 104I(2A) inserted by No. 52/2015 s. 45(4). (2A) If a specified officer applies an authorised instrument of restraint to compel the person to obey a direction, the specified officer must report that fact to the specified officer's Regional Manager as soon as possible.
(3) The Regional Manager must as soon as possible report to the Secretary— (a) the use of force by the Regional Manager to compel the monitored person to obey a direction; and S. 104I(3)(b) amended by No. 52/2015 s. 45(5)(a)(b). (b) any use of force by a community corrections officer or specified officer to compel the monitored person to obey a direction that has been reported to the Regional Manager; and S. 104I(3)(c) inserted by No. 52/2015 s. 45(5)(c). (c) any application of an authorised instrument of restraint by a specified officer to compel the monitored person to obey a direction that has been reported to the Regional Manager. S. 104I(4) inserted by No. 57/2016 s. 12. (4) A Regional Manager, a community corrections officer or a specified officer who uses force in accordance with this section is not liable for injury or damage caused by that use of force. S. 104I(5) inserted by No. 57/2016 s. 12. (5) A specified officer who applies an instrument of restraint in accordance with this section is not liable for injury or damage caused by that application. S. 104J inserted by No. 81/2005 s. 9. 104J Officers to give reports if required (1) An officer must, when required by the Secretary— (a) report to a court concerning the monitored person; and (b) report to the Adult Parole Board concerning the person. (2) In relation to officers within the meaning of paragraph (e) of the definition of officer in section 85, subsection (1) applies as if it only referred to reports concerning the monitored person that relate to the security of the centre.
(i) any Victoria Police employee within the meaning of the Victoria Police Act 2013; (j) any person who delivers services or advice on behalf of Victoria Police; (k) the Commissioner of the Australian Federal Police; (l) a member or a special member of the Australian Federal Police; (m) the Director of Public Prosecutions for Victoria; (n) any person employed in the Office of Public Prosecutions for Victoria; (o) any person who delivers services or advice on behalf of the Office of Public Prosecutions for Victoria; (oa) the Chief Crown Prosecutor within the meaning of the Public Prosecutions Act 1994; (ob) a Crown Prosecutor or Associate Crown Prosecutor within the meaning of the Public Prosecutions Act 1994; (oc) the Solicitor for Public Prosecutions appointed under the Public Prosecutions Act 1994; (p) the Commonwealth Director of Public Prosecutions; (q) any person employed in the Office of the Commonwealth Director of Public Prosecutions; (r) any person who delivers services or advice on behalf of the Office of the Commonwealth Director of Public Prosecutions;
functions and responsibilities in that State or Territory that substantially correspond to the functions and responsibilities of the Adult Parole Board. S. 104ZZ inserted by No. 10/2013 s. 35, amended by No. 12/2014 s. 16(2) (ILA s. 39B(1)). 104ZZ Authorisation to disclose information given to Adult Parole Board 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. 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 show that an officer, employee or agent of the body corporate had that intention or knowledge. (2) If an offence against this Act committed by a body corporate is proved to have been committed with the consent or connivance of a person who is a director, manager, secretary or other officer of the body corporate, that person is deemed to have committed the offence also and is liable to be proceeded against and punished accordingly. (3) This section applies only with respect to an offence alleged to have been committed after the commencement of section 10 of the Corrections (Further Amendment) Act 2004. S. 106 amended by Nos 16/1987 s. 4(3)(Sch. 1 item 7(i)), 45/1996 s. 17(Sch. 1 item 65(a)(b)). 106 Judicial notice of signatures If by or under this Act or the Community Services Act 1970 the Secretary or an officer within the meaning of Part 5 or Part 9 of this Act is required or authorized to sign a document, all courts must take judicial notice of the Secretary's or the officer's signature on that document.
S. 107 amended by Nos 16/1987 s. 4(3)(Sch. 1 item 7(j)), 45/1996 s. 17(Sch. 1 item 66(a)(b)). 107 Construction of references In— (a) an Act other than this Act; or (b) a subordinate instrument other than a subordinate instrument made under this Act; or (c) a document which is not an Act or a subordinate instrument— a reference to "the Director of Children's Welfare", "the Director-General of Social Welfare", "the Director-General of Community Services", "the Director of Probation and Parole", "the Chief Probation Officer" or "the Chief Parole Officer" is— S. 107(d) amended by No. 46/1998 s. 7(Sch. 1). (d) if the matter to which the reference relates is after the commencement of this section or by virtue of the Community Services (Director-General of Corrections) Act 1983 within the responsibilities of the Secretary, deemed to refer to the Secretary; and S. 107(e) inserted by No. 45/1996 s. 17(Sch. 1 item 66(b)). (e) if the matter to which the reference relates is after the commencement of section 17 of the Corrections (Amendment) Act 1996 within the responsibilities of the Secretary, deemed to refer to the Secretary. S. 108 repealed by No. 11/1993 s. 4(4), new s. 108 inserted by No. 45/2001 s. 19, amended by No. 37/2014 s. 10(Sch. item 32.17). 108 Apprehension of escaped prisoners A prison officer or any police officer— (a) may arrest a person who has escaped from the legal custody of the Secretary or the Chief Commissioner of Police; and (b) must deliver the person to a prison or police gaol as soon as possible after the arrest.
S. 119 inserted by No. 30/2010 s. 54. 119 Transitional provision—Justice Legislation Amendment Act 2010 (1) This Act, as in force immediately before the commencement of Division 1 of Part 4 of the Justice Legislation Amendment Act 2010, continues to apply in respect of an application under Division 4 of Part 8 for a home detention order that was made but not determined by the Adult Parole Board before that commencement. (2) Despite the commencement of Division 1 of Part 4 of the Justice Legislation Amendment Act 2010, this Act, as in force immediately before the commencement of Division 1 of Part 4 of that Act, continues to apply in respect of a prisoner who was the subject of a home detention order immediately before that commencement. (3) Despite the commencement of Division 1 of Part 4 of the Justice Legislation Amendment Act 2010, this Act, as in force immediately before the commencement of Division 1 of Part 4 of that Act, continues to apply in respect of an offender who was serving a sentence of imprisonment by way of home detention under the Sentencing Act 1991 immediately before that commencement. S. 120 inserted by No. 48/2011 s. 11. 120 Transitional provision—Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011 (1) In this section— 2011 Act means the Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011; old home detention order means a home detention order within the meaning of section 3 as in force before the commencement of section 6
S.10. Column 1 Old Name Column 2 New Name Ararat Prison Her Majesty's Prison, Ararat. Her Majesty's Prison, Her Majesty's Prison, . Her Majesty's Prison, Beechworth Her Majesty's Prison, Beechworth. Castlemaine Prison Her Majesty's Prison, Castlemaine. Her Majesty's Prison, Dhurringile Her Majesty's Prison, Dhurringile. Fairlea Female Prison Her Majesty's Prison, Fairlea. Her Majesty's Prison, Her Majesty's Prison, . Reforestation Prison Her Majesty's Prison, . Her Majesty's Prison, Pentridge Her Majesty's Prison, Pentridge. Her Majesty's Metropolitan Reception Prison Her Majesty's Metropolitan Reception Prison. Prison Her Majesty's Prison, . Won Wron Reforestation Prison Her Majesty's Prison, Won Wron. Sch. 3 inserted by No. 15/2013 s. 5. Section 77 1. A serious violent offence within the meaning of section 77. 2. An offence at common law of affray, riot or common assault. 3. An offence against any of the following sections of the Crimes Act 1958— (a) section 18 (causing injury intentionally or recklessly); (b) section 19 (administering certain substances);
Assent Date: 2.7.96 Commencement Date: Ss 3, 4 on 2.7.96: s. 2(1) : This information relates only to the provision/s amending the Corrections Act 1986 Children and Young Persons (Miscellaneous Amendments) Act 1996, No. 44/1996 Assent Date: 26.11.96 Commencement Date: 26.11.96: s. 2 : All of Act in operation Corrections (Amendment) Act 1996, No. 45/1996 Assent Date: 26.11.96 Commencement Date: Ss 1, 2 on 26.11.96: s. 2(1); rest of Act (except ss 11–13) on 6.2.97: Government Gazette 6.2.97 p. 257; ss 11–13 on 20.12.97: Government Gazette 18.12.97 p. 3612 : This information relates only to the provision/s amending the Corrections Act 1986 Police and Corrections (Amendment) Act 1997, No. 26/1997 Assent Date: 20.5.97 Commencement Date: Ss 9–16 on 22.5.97: Government Gazette 22.5.97 p. 1131 : This information relates only to the provision/s amending the Corrections Act 1986 Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, No. 65/1997 Assent Date: 18.11.97 Commencement Date: S. 81 on 18.4.98: s. 2(3) : This information relates only to the provision/s amending the Corrections Act 1986 Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) : This information relates only to the provision/s amending the Corrections Act 1986 Crimes (Questioning of Suspects) Act 2000, No. 86/2000 Assent Date: 5.12.00 Commencement Date: 6.12.00: s. 2 : All of Act in operation Corrections (Custody) Act 2001, No. 45/2001 Assent Date: 27.6.01 Commencement Date: Ss 3–37 on 1.3.02: s. 2(2) : This information relates only to the provision/s amending the Corrections Act 1986 Statute Law Further Amendment (Relationships) Act 2001, No. 72/2001