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 of Committee by No. 45/1996 s. 4(a), repealed by No. 21/2008 s. 3.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 of Commission farm repealed by No. 45/1996 s. 4(b).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 of Commission industrial site repealed by No. 45/1996 s. 4(c). * * * * * 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;
(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 of repealed by No. 45/1996 s. 17(Sch. 1 item 1(b)).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
(b) one of the following orders made under the Crimes (Family Violence) Act 1987 as in force immediately before its repeal— (i) an intervention order made on grounds referred to in section 4 or 4A of that Act; (ii) an intervention order made on grounds referred to in section 4 or 4A of that Act, and subsequently varied or extended under section 16 or 16A of that Act; (iii) an interim intervention order made on grounds referred to in section 8 of that Act; S. 3(1) def. of fingerprints inserted by No. 35/2002 s. 7(1). fingerprints includes finger, palm, toe and sole prints, whether taken by impression or by means of a device to obtain a record of the fingerprints; Example: Fingerprints may be taken by a scanning device to obtain a digital record of the fingerprints. S. 3(1) def. of firearm inserted by No. 12/2014 s. 3. firearm includes a firearm that is a prescribed non-lethal firearm; S. 3(1) def. of function inserted by No. 22/1996 s. 3. function includes duty; S. 3(1) def. of garment search inserted by No. 10/2013 s. 4(1). garment search means a search of any article of clothing worn by a person or in the person's possession, during which the article of clothing is touched or removed from the person's body;
S. 3(1) def. of pat-down search inserted by No. 10/2013 s. 4(1). pat-down search means a search of a person during which the person's clothed body is touched; S. 3(1) def. of personal safety intervention order inserted by No. 53/2010 s. 221(Sch. item 3.1(a)) personal safety intervention order means— (a) a personal safety intervention order within the meaning of the Personal Safety Intervention Orders Act 2010; or (b) an intervention order within the meaning of the Stalking Intervention Orders Act 2008 (as in force immediately before its repeal); or (c) an order made under section 4 of the Crimes (Family Violence) Act 1987 of a kind referred to in section 21A(5) of the Crimes Act 1958, both as in force immediately before their repeal; S. 3(1) def. of police custody officer inserted by No. 59/2015 s. 8. police custody officer has the same meaning as in the Victoria Police Act 2013; S. 3(1) def. of police custody officer supervisor inserted by No. 45/2017 s. 28. police custody officer supervisor has the same meaning as in the Victoria Police Act 2013; S. 3(1) def. of police custody transfer order inserted by No. 10/2013 s. 4(2). police custody transfer order means a police custody transfer order made under section 56D;
S. 3(1) def. of secretary of the Board inserted by No. 41/2015 s. 17. secretary of the Board means the person authorised under section 66A to perform the functions of the secretary of the Adult Parole Board; S. 3(1) def. of Secretary to the Department of Health inserted by No. 29/2010 s. 52(1). Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health; S. 3(1) def. of smoke inserted by No. 45/2014 s. 3. smoke means the drawing or releasing of smoke or fumes resulting from heating or burning an ignited tobacco product, and includes but is not limited to, holding or controlling an ignited tobacco product; S. 3(1) def. of spouse inserted by No. 72/2001 s. 3(Sch. item 4.1). spouse of a person means a person to whom the person is married; S. 3(1) def. of stalking intervention order inserted by No. 30/2010 s. 45(b), repealed by No. 53/2010 s. 221(Sch. item 3.1(b)). * * * * * S. 3(1) def. of inserted by No. 94/1994 s. 4(c). sub-contractor means a sub-contractor of a contractor;
S. 6A inserted by No. 45/2001 s. 5. 6A When is a person in the legal custody of the Secretary? (1) A person is deemed to enter the legal custody of the Secretary when— (a) an order of imprisonment is made in relation to the person; and (b) either of the following events occurs— (i) a person acting under lawful authority on behalf of the Secretary takes physical custody of the person; or (ii) a person at a prison acting under lawful authority on behalf of the Secretary receives the person into the prison. S. 6A(1A) inserted by No. 5/2006 s. 14(2). (1A) Subsection (1) applies each time when— S. 6A(1A)(a) amended by No. 41/2015 s. 38. (a) a person who has ceased to be in the legal custody of the Secretary by force of section 6B(1)(ca) is again taken into custody and detained under the order referred to in that section; and (b) either of the events referred to in subsection (1)(b) occurs. (2) A person who enters the legal custody of the Secretary under subsection (1) is deemed to remain in that custody until that custody ceases under this Part. (3) This section applies to a person regardless of the person's age. S. 6A(4) inserted by No. 91/2009 s. 201(3). (4) A person in respect of whom a detention order or an interim detention order within the meaning of the Serious Sex Offenders (Detention and Supervision) Act 2009 has been made is deemed
(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.
S. 8G(2) amended by No. 10/2013 s. 8(2). (2) Sections 23, 30, 47 and 73 of the Building Act 1993 do not apply in relation to any permit, approval, amendment, plan or other document relating to building work carried out or to be carried out under an agreement under section 8B(1)(a). Pt 2A Div. 2 (Heading) inserted by No. 94/1994 s. 8. Division 2—Management agreements New s. 9 inserted by No. 11/1993 s. 4(1). 9 Management agreements S. 9(1) amended by Nos 94/1994 s. 9(1)(a)(i)(ii), 45/1996 s. 17(Sch. 1 item 8). (1) The Secretary may, for and on behalf of the Crown, enter into an agreement with a person or body for the provision by that person or body of any correctional services. (2) The agreement must provide for— (a) compliance by the contractor with all relevant provisions of this Act or the regulations or of any other Act or instrument of a legislative character; (b) objectives and performance standards in relation to the provision of the services; S. 9(2)(c) repealed by No. 94/1994 s. 9(1)(b)(i). * * * * *
50 penalty units. (2) An authorisation under subsection (1) must be in writing and may be subject to any conditions and limitations that the Chief Commissioner thinks fit. Pt 2A Div. 4 (Heading) inserted by No. 94/1994 s. 11. Division 4—General provisions relating to agreements S. 9A inserted by No. 11/1993 s. 4(1). 9A Authorisation of certain staff S. 9A(1) amended by No. 94/1994 s. 12(1), substituted by No. 22/1996 s. 4(1), amended by No. 45/1996 s. 17(Sch. 1 item 10). (1) The Secretary may, by instrument, authorise a contractor under Division 1 or 2 or a subcontractor of that contractor or a person employed by that contractor or sub-contractor to exercise all or any of the functions or powers under this Act or the regulations or under any other Act or the regulations under that Act of— S. 9A(1)(a) amended by No. 45/1996 s. 17(Sch. 1 item 10). (a) the Secretary; or (b) an officer within the meaning of Part 5; or S. 9A(1)(c) amended by No. 45/2001 s. 7(a). (c) an officer within the meaning of Part 9; or S. 9A(1)(d) inserted by No. 45/2001 s. 7(b). (d) an escort officer.
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
(2) The prisoner is responsible for the safety and care of the prisoner's child while the child lives in the prison. S. 31(3) amended by Nos 16/1991 s. 6, 45/1996 s. 17(Sch. 1 item 24). (3) If the Secretary considers that the child's behaviour is threatening the security or good order of the prison or the child's safety is threatened, the Secretary may cause the child to be removed from the prison. S. 31(4) inserted by No. 72/2001 s. 3(Sch. item 4.3). (4) In this section, parent of a child means a person who would have day to day care and control of the child and with whom the child would ordinarily be resident if the person were not in prison. S. 31A inserted by No. 16/1991 s. 7, repealed by No. 45/1996 s. 5. * * * * * 32 Offences relating to prison security (1) A person who without being authorized to do so by this Act or the regulations— (a) enters or attempts to enter a prison; or (b) communicates or attempts to communicate with a prisoner; or (c) takes or sends or attempts to take or send anything into or out of a prison— is guilty of an offence. 2 years imprisonment. (2) If a prison officer believes on reasonable grounds that a person who is outside but near a prison or near a place where prisoners are, is acting in a way which threatens or is likely to threaten the security of the prison or the prisoners, the prison officer may order the person to leave the neighbourhood of the prison or place.
S. 47(1)(m)(x) inserted by No. 41/2015 s. 14(1), substituted by No. 20/2017 s. 134(Sch. 1 item 4.1(a)). (x) the Information Commissioner appointed under section 6C of the Freedom of Information Act 1982; S. 47(1)(m)(xi) inserted by No. 41/2015 s. 14(1). (xi) the Mental Health Complaints Commissioner appointed under section 226 of the Mental Health Act 2014; S. 47(1)(m)(xii) inserted by No. 41/2015 s. 14(1), repealed by No. 20/2017 s. 134(Sch. 1 item 4.1(b)). * * * * * S. 47(1) (m)(xiii) inserted by No. 41/2015 s. 14(1). (xiii) the Victorian Equal Opportunity and Human Rights Commission continued in existence by section 154 of the Equal Opportunity Act 2010; S. 47(1) (m)(xiv) inserted by No. 41/2015 s. 14(1), amended by No. 20/2017 s. 134(Sch. 1 item 4.1(c)). (xiv) any person authorised to act on behalf of a person or body listed in paragraph (iv), (v), (vi), (vii), (viii), (ix), (x), (xi) or (xiii); S. 47(1)(m)(xv) inserted by No. 41/2015 s. 14(1). (xv) a person or body prescribed by the regulations; S. 47(1)(n) amended by No. 16/1991 s. 10(1), substituted by No. 45/2001 s. 32(b). (n) subject to section 47D, the right to send and receive other letters uncensored by prison staff;
(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), substituted by No. 41/2015 s. 14(2). (3) Subsection (1)(m) does not prevent the opening of letters in accordance with— (a) section 28(3) of the Ombudsman Act 1973; or S. 47(3)(b) amended by No. 38/2017 s. 78. (b) section 54(6) of the Independent Broadbased Anti-corruption Commission Act 2011; or (c) section 92A(6) of the Victorian Inspectorate Act 2011. S. 47(4) inserted by No. 16/1991 s. 10(2), repealed by No. 45/2001 s. 32(c). * * * * * Pt 6 Div. 4A (Heading) inserted by No. 53/2007 s. 16. Division 4A—Letters to and from prisoners S. 47AA inserted by No. 53/2007 s. 16. 47AA Definitions In this Division— family member, in relation to a person, means— (a) a partner of the person; or
S. 47D(1)(ac) inserted by No. 12/2014 s. 6. (ac) in the case of a letter sent to a prisoner by another prisoner or a former prisoner, may be a threat to the good order, management or security of a prison or prisoner; or (b) may be of a threatening or harassing nature; or (c) may be being used to further an unlawful activity or purpose; or S. 47D(1)(d) amended by Nos 97/2004 s. 3(3), 53/2007 s. 17. (d) contains indecent, abusive, threatening or offensive written or pictorial matter, or written or pictorial matter that may be regarded by a victim as distressing or traumatic, or an indecent, obscene or offensive article or substance; or S. 47D(1)(e) inserted by No. 97/2004 s. 3(4). (e) contravenes or would contravene section 47H. (2) The Governor may— (a) if the belief concerns the whole letter, stop the letter from being sent or received by the prisoner; or (b) if the belief concerns only part of a letter, cause the relevant part of the letter to be censored. S. 47DA inserted by No. 53/2007 s. 18. 47DA Offence for prisoner to send distressing or traumatic letters A prisoner must not send or cause to be sent, or attempt to send or cause to be sent, a letter to a victim who is not listed in section 47(1)(m) if the prisoner knows, or ought reasonably to know, that the letter contains written or pictorial matter that may be regarded as distressing or traumatic by the victim or any other victim who might reasonably receive it. 6 months imprisonment.
(3) In this section, Registrar means— (a) the Victorian Registrar; or (b) an authority responsible under a law of another State or a Territory for the registration of births, deaths and marriages. S. 47I inserted by No. 97/2004 s. 4. 47I Approval by Secretary (1) Subject to subsection (2), the Secretary may only approve a change of name application if he or she is satisfied that the change of name is in all the circumstances necessary or reasonable. (2) The Secretary must not approve a change of name application if he or she is satisfied that the change of name would, if registered, be reasonably likely— (a) to be a threat to prison security; or (b) to jeopardise the safe custody or welfare of any prisoner; or (c) to be used to further an unlawful activity or purpose; or (d) to be regarded as offensive by a victim of crime or an appreciable sector of the community. S. 47J inserted by No. 97/2004 s. 4. 47J Approval to be notified in writing If the Secretary approves a change of name application, the Secretary must— (a) as soon as practicable, give written notice of the approval to the person who made the application; and (b) if the prisoner consents, give a copy of the written notice of approval to the Victorian Registrar.
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(1) amended by Nos 16/1991 s. 11(3), 45/2001 s. 34(1). (1) If an officer within the meaning of Part 5 or an escort officer suspects that a prisoner has committed a prison offence the officer must as soon as possible report the fact to the disciplinary officer. S. 50(2) amended by No. 16/1991 s. 11(3). (2) The disciplinary officer must make proper investigation of all alleged prison offences which come to the officer's notice and must give the prisoner alleged to have committed the offence an opportunity of making an explanation. S. 50(3) amended by No. 16/1991 s. 11(3). (3) If after investigating an alleged prison offence the disciplinary officer is satisfied that no offence has been committed the disciplinary officer is to take no further action. S. 50(4) amended by No. 16/1991 s. 11(3). (4) If after investigating an alleged prison offence the disciplinary officer is satisfied that the offence has been committed but is trivial, the disciplinary officer need take no further action.
(2) The Secretary may, by instrument, authorise the transfer from a police gaol to a prison of a person who is in the legal custody of the Chief Commissioner of Police under Part 1A. S. 56AB (Heading) amended by No. 26/2014 s. 455(Sch. item 6.3). S. 56AB inserted by No. 45/2001 s. 16. 56AB Legal custody of prisoners and detainees transferred to institutions and designated mental health services (1) This section applies if a prisoner in a prison or a person detained in a police gaol is transferred from the prison or police gaol to— S. 56AB(1)(a) substituted by No. 26/2014 s. 455(Sch. item 6.4). (a) a designated mental health service within the meaning of the Mental Health Act 2014 in accordance with that Act; S. 56AB(1)(b) amended by No. 23/2006 s. 235(a). (b) a residential institution within the meaning of the Disability Act 2006 in accordance with that Act; S. 56AB(1)(c) substituted by No. 23/2006 s. 235(b). (c) a residential treatment facility within the meaning of the Disability Act 2006 in accordance with that Act. (2) On a transfer referred to in subsection (1) of a prisoner or person, the prisoner or person is deemed to be in the legal custody of— S. 56AB(2)(a) amended by Nos 23/2006 s. 235(c), 26/2014 s. 455(Sch. item 6.5(a)). (a) the person specified as the person who is to have the custody of the prisoner or person under the Mental Health Act 2014, the Disability Act 2006 or the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; S. 56AB(2)(b) amended by No. 26/2014 s. 455(Sch. item 6.5). (b) in the case of a transfer referred to in subsection (1)(a), if no person is specified under the Mental Health Act 2014, the authorised psychiatrist of the designated mental health service;
relating to a criminal matter, the Secretary may, by instrument, authorise the prisoner to be released from prison for the purpose of travelling to the foreign country to give evidence at the proceeding or assistance in relation to the investigation. S. 56A(2) amended by No. 45/1996 s. 17(Sch. 1 item 38). (2) An authority given by the Secretary under subsection (1) may be subject to any conditions the Secretary thinks fit. Pt. 8 Div. 2B (Heading and ss 56B–56F) inserted by No. 10/2013 s. 20. Division 2B—Police custody transfer orders S. 56B inserted by No. 10/2013 s. 20. 56B Application for police custody transfer order S. 56B(1) amended by No. 37/2014 s. 10(Sch. item 32.12). (1) A police officer of or above the rank of Assistant Commissioner of Police may apply to the Supreme Court for a police custody transfer order in relation to a prisoner if he or she believes on reasonable grounds that the prisoner will voluntarily provide information to a police officer provided that any interview between the prisoner and a police officer occurs outside a prison. (2) An application must not be made under subsection (1) for a purpose relating to the investigation of an offence that the prisoner committed or is reasonably suspected of having committed unless the prisoner has been convicted or found guilty of that offence.
Pt 8 Div. 4 (Heading and ss 59, 60) repealed by No. 44/1991 s. 3(1), new Pt 8 Div. 4 (Heading and ss 59–60X) inserted by No. 53/2003 s. 14, amended by Nos 97/2005 s. 182(Sch. 4 item 13.3), 49/2006 s. 6(1), 52/2008 ss 240, 241, 68/2008 ss 67, 68, 13/2010 s. 51(Sch. item 16.5), 30/2010 ss 47−49(1), 50−52, 53/2010 ss 221(Sch. items 3.2−3.6), 222, repealed by No. 48/2011 s. 6. * * * * * Division 5—Parole 61 Establishment of Board (1) There is established a Board by the name of the Adult Parole Board. S. 61(2) amended by No. 11/1993 s. 7(1)(e). (2) The Board consists of— S. 61(2)(a) substituted by Nos 16/1991 s. 16(1)(a), 62/2013 s. 4(1)(a). (a) such number of Judges of the Supreme Court as are appointed by the Governor in Council on the recommendation of the Chief Justice of the Supreme Court; and;
S. 61(2)(ab) inserted by No. 10/2013 s. 22(1). (ab) such number of Associate Judges of the Supreme Court as are appointed by the Governor in Council on the recommendation of the Chief Justice of the Supreme Court; and S. 61(2)(b) substituted by No. 16/1991 s. 16(1)(b), amended by No. 62/2013 s. 4(1)(b). (b) such number of Judges of the County Court as are appointed by the Governor in Council on the recommendation of the Chief Judge of the County Court; and S. 61(2)(c) substituted by No. 16/1991 s. 16(1)(b), amended by No. 62/2013 s. 4(1)(c). (c) such number of Magistrates as are appointed by the Governor in Council on the recommendation of the Chief Magistrate; and S. 61(2)(d) substituted by No. 91/2009 s. 205. (d) one or more persons appointed by the Governor in Council as full-time members; and S. 61(2)(da) inserted by No. 16/1991 s. 16(1)(c), amended by No. 62/2013 s. 4(1)(d). (da) one or more retired Judges of the Supreme Court or the County Court or a superior court or an intermediate court or retired Magistrates, appointed by the Governor in Council; and S. 61(2)(e) substituted by No. 10/2013 s. 22(2). (e) one or more persons appointed by the Governor in Council as part-time members; and S. 61(2)(f) amended by No. 45/1996 s. 17(Sch. 1 item 42). (f) the Secretary. 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
(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 (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.
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). * * * * *
72 Reports (1) Before 30 September in each year the Board must give to the Minister a report relating to the 12 months ending on 30 June in that year and concerning— (a) the number of persons released on parole during that period; and (b) the number of persons returned to prison during that period on cancellation of parole; and S. 72(1)(ba) inserted by No. 53/2003 s. 17(1), repealed by No. 48/2011 s. 8, new s. 72(1)(ba) inserted by No. 10/2013 s. 27. (ba) the purposes of parole and the general principles and factors taken into account by the Board when making decisions in relation to parole; and 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(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
(8) For the purposes of this section, an offence is taken to have been committed during the parole period if— (a) the offence is committed between 2 dates, one of which is within the parole period; or (b) the parole period is between the 2 dates referred to in paragraph (a). (9) In this section— conviction includes a finding of guilt by a court, whether or not a conviction is recorded; S. 77(9) def. of serious violent offence amended by Nos 76/2016 s. 7, 31/2017 s. 9(3)(a). 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 9AD as in force immediately before its repeal by section 3(3) of the Crimes Amendment (Abolition of Defensive Homicide) Act 2014; (ii) section 75A (armed robbery); (iii) section 77 (aggravated burglary); (iv) section 77A (home invasion); (v) section 77B (aggravated home invasion); (vi) section 79 (carjacking); (vii) section 79A (aggravated carjacking); (viii) section 197A (arson causing death);
(4) The Board must not make an order revoking an order cancelling a prisoner's parole if a warrant has been issued under section 77B unless the Board is satisfied that the warrant will not be executed. S. 77B inserted by No. 15/2013 s. 3. 77B Return of prisoner to prison on cancellation of parole (1) If a prisoner's parole is cancelled or taken to be cancelled, the Board may— S. 77B(1)(a) amended by No. 37/2014 s. 10(Sch. item 32.12). (a) authorise any police officer, by warrant signed by the Secretary or a member of the Board, to break, enter and search any place where the prisoner is reasonably believed to be and to arrest the prisoner and return the prisoner to prison; or (b) whether or not a warrant is issued under paragraph (a), authorise the making of an application to a magistrate for a warrant— S. 77B(1)(b)(i) amended by No. 37/2014 s. 10(Sch. item 32.12). (i) authorising any police officer to break, enter and search any place where the prisoner is reasonably believed to be and to arrest the prisoner and return the prisoner to prison; or (ii) authorising any other officer to arrest the prisoner and return the prisoner to prison. (2) If a prisoner's parole is cancelled or taken to be cancelled— (a) the original warrant to imprison or other authority for the person's imprisonment is to be regarded as again in force; and (b) any period during which the parole order was in force is not to be regarded as time served in respect of the prison sentence unless a direction under section 77C applies.
(2) If the Board makes an order under section 78C(1)(a), the period during which a prisoner is detained under that order is to be regarded as time served in respect of the prison sentence for which the prisoner was released on parole. S. 79 amended by Nos 57/1989 s. 3(Sch. item 35.4), 45/1996 s. 17(Sch. 1 item 49(a)(b)), repealed by No. 65/1997 s. 81(c). * * * * * Pt 8 Div. 5A (Heading and ss 78F–78T) inserted by No. 57/2016 s. 8. Division 5A—Safety powers that may be exercised in supervision of prisoners on parole S. 78F inserted by No. 57/2016 s. 8. 78F Definitions for Division 5A In this Division— specified officer has the same meaning as in the Serious Sex Offenders (Detention and Supervision) Act 2009; supervision of a prisoner on parole means any function that may be performed by a community corrections officer when engaged in the supervision of the prisoner and includes— (a) conducting visits and interviews of the prisoner; and (b) arranging assessments of the prisoner for treatments, programs and training; and
S. 82 (Heading) inserted by No. 2/2005 s. 8(5)(a). New s. 82 inserted by No. 94/1994 s. 22, amended by Nos 45/1996 s. 17(Sch. 1 item 50), 2/2005 s. 8(5)(b). 82 Custodial interstate community permit The Secretary may issue a custodial interstate community permit to a prisoner for leave to travel to a participating State— (a) to visit a person with whom the prisoner has had a long standing personal relationship if that person is seriously ill or in acute personal need; or (b) to attend the funeral of a person with whom the prisoner had a long standing personal relationship; or S. 82(c) amended by No. 38/2003 s. 6. (c) for any other compassionate purpose (including, in the case of an Aboriginal prisoner, to enable the prisoner to be present at an occasion of special significance to the prisoner's immediate or extended family). New s. 83 inserted by No. 94/1994 s. 22. 83 Effect of permit (1) A permit issued to a prisoner— S. 83(1)(a) amended by Nos 45/2001 s. 18(a), 38/2003 s. 7(a). (a) authorises the prisoner to be absent from the prison for the purpose and for the period stated in the permit; and S. 83(1)(b) amended by Nos 45/2001 s. 18(a), 38/2003 s. 7(b). (b) if the Secretary requires the prisoner to be escorted while absent from the prison, authorises the escort officer appointed to escort the prisoner to take and keep physical custody of the prisoner for the purpose of escorting the prisoner to the participating State (whether or not across another State) and within the participating State for the purpose set out in the permit and returning the prisoner to the prison from which leave of absence was given; and
S. 84A inserted by No. 94/1994 s. 22. 84A Breach of permit A prisoner who fails without reasonable excuse to comply with any conditions of a permit is guilty of an offence and liable to imprisonment for a term of not more than 3 years. S. 84B inserted by No. 94/1994 s. 22. 84B Notice to participating State and transit States S. 84B(1) amended by No. 45/1996 s. 17(Sch. 1 item 53). (1) The Secretary must give notice in writing to the corresponding Director and the chief officer of police of a participating State of the issue of a permit permitting a prisoner to travel to that State and of the period of the permit. S. 84B(2) amended by No. 45/1996 s. 17(Sch. 1 item 53). (2) The Secretary must give notice in writing to the chief officer of police of any other State through which a prisoner is to travel by land to reach the participating State of the issue of a permit permitting the prisoner to travel to the participating State and of the period of the permit. S. 84C inserted by No. 94/1994 s. 22. 84C Effect of permit issued under interstate law (1) If— S. 84C(1)(a) amended by No. 38/2003 s. 8. (a) under an interstate law a permit is issued permitting a person imprisoned in a participating State to travel to ; and (b) pursuant to that permit an escort brings the person to — the escort, while in , is authorised to hold, take and keep custody of the person for the purpose of escorting the prisoner for the purposes set out in the permit and returning the prisoner to the participating State.
S. 85 def. of community corrections programme amended by No. 45/1996 s. 17(Sch. 1 item 55(b)). community corrections programme means a programme or series of programmes approved by the Secretary under this Part; S. 85 def. of officer amended by Nos 11/1993 s. 7(1)(f), 23/1994 s. 118(Sch. 1 item 14.6), 24/2006 s. 6.1.2(Sch. 7 item 10.2), 13/2010 s. 51(Sch. item 16.6), 76/2013 s. 24. officer means a person who is— (a) a Regional Manager; or (b) a community corrections officer; or (c) a volunteer who is working at a location; or (d) working at a location and who is— (i) an employee in the public service; or (ii) an employee in the teaching service; or (iii) a member of staff of a TAFE institute within the meaning of the Education and Training Reform Act 2006; or (iv) a member of staff of a dual sector university within the meaning of the Education and Training Reform Act 2006; or (e) a member of a prescribed class of persons who works at a location as a psychiatrist, registered medical practitioner, dentist, nurse, midwife or health worker; region means an area or several areas designated under this Part.
Pt 9A Div. 1 (Heading) inserted by No. 59/2015 s. 13. Division 1—Preliminary S. 104A inserted by No. 45/1996 s. 11. 104A Definitions 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; S. 104A def. of officer in charge amended by No. 37/2014 s. 10(Sch. item 32.15(a)), substituted by Nos 59/2015 s. 14, 45/2017 s. 29. officer in charge, in relation to a police gaol, means the police officer who is for the time being— (a) in charge of the police gaol; and (b) authorised to direct police custody officer supervisors and police custody officers in the performance of their functions, duties and powers. S. 104A def. of police officer repealed by No. 37/2014 s. 10(Sch. item 32.15(b)). * * * * *
S. 104DA(3) amended by No. 45/2017 s. 38(2). (3) A police custody officer must comply with a direction of the Chief Commissioner or a police custody officer supervisor (as the case requires). (4) Without limiting section 6D or 6E, a person who is being transported or supervised by a police custody officer under this section is taken to be in the legal custody of the Chief Commissioner while being transported or supervised. (5) In this section— designated mental health service has the same meaning as in the Mental Health Act 2014; patient has the same meaning as in the Mental Health Act 2014; remand centre has the same meaning as in the Children, Youth and Families Act 2005; youth justice centre has the same meaning as in the Children, Youth and Families Act 2005; youth residential centre has the same meaning as in the Children, Youth and Families Act 2005. S. 104DB inserted by No. 59/2015 s. 21. 104DB Functions and powers of police custody officers in relation to persons they transport or supervise (1) A police custody officer has the following functions in relation to a person the police custody officer is transporting or supervising under this Division— (a) to take all reasonable steps to prevent the escape or attempted escape of the person from the physical custody of the police custody officer; (b) to take all reasonable steps to ensure that the person's safety and welfare are maintained;
(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.
S. 104ZY(1)(b)(ii) repealed by No. 31/2017 s. 11(1). * * * * * (iii) the administration or enforcement of an order of a court or tribunal. (2) A relevant person may also use or disclose personal or confidential information in the following circumstances— S. 104ZY(2)(a) substituted by No. 32/2016 s. 48(1). (a) if the relevant person believes on reasonable grounds that the use or disclosure is necessary— S. 104ZY(2)(a)(i) amended by No. 31/2017 s. 11(2)(a). (i) to reduce the risk of a person committing a violent offence or a sexual offence or both; or (ii) to lessen or prevent a threat to the life, health, safety or welfare of any person; (b) with the authorisation, or at the request, of the person to whom the information relates; (c) if the use or disclosure is authorised by the Minister; S. 104ZY(2)(d) amended by No. 31/2017 s. 11(2)(b). (d) if the use or disclosure is to the Ombudsman or the Ombudsman's officers; S. 104ZY(2)(da) inserted by No. 31/2017 s. 11(2)(c). (da) if the use or disclosure is to the Human Rights Commissioner; S. 104ZY(2)(db) inserted by No. 31/2017 s. 11(2)(c). (db) if the use or disclosure is to the Independent Broad-based Anticorruption Commission established under section 12 of the Independent Broad-based Anticorruption Commission Act 2011;
S. 104ZZ(1)(a) amended by No. 32/2016 s. 49(b). (a) the use or disclosure is reasonably necessary for the administration of Corrections legislation; or S. 104ZZ(1)(b) substituted by No. 12/2014 s. 16(1), amended by No. 32/2016 s. 49(c). (b) the use or disclosure is reasonably necessary for the preparation for, conduct of or participation in— (i) criminal proceedings in any court; or (ii) proceedings before a tribunal; or (iii) an inquest or investigation held by a coroner; or S. 104ZZ(1)(c) substituted by No. 32/2016 s. 49(d). (c) the relevant person believes on reasonable grounds that the use or disclosure is necessary— (i) to reduce the risk of a person committing a violent offence; or (ii) to lessen or prevent a threat to the life, health, safety or welfare of any person. S. 104ZZ(2) inserted by No. 12/2014 s. 16(2). (2) A relevant person may use or disclose information given to the Adult Parole Board that is not disclosed in a decision of the Board or in any reasons given by the Board for a decision of the Board if the use or disclosure is authorised by the Minister. S. 104ZZA inserted by No. 10/2013 s. 35. 104ZZA Offence to use or disclose personal or confidential information unless authorised A person who is or has been a relevant person must not use or disclose personal or confidential information unless that use or disclosure is authorised under section 104ZY or 104ZZ. Penalty: 120 penalty units.
(b) may differ according to differences in time place or circumstances; and S. 112(2)(c) amended by No. 45/1996 s. 17(Sch. 1 item 67). (c) may confer discretions or powers or impose duties in connection with the regulations on the Secretary, a Governor, a Regional Manager, an officer employed in the administration of this Act, a volunteer, a prisoner or an offender; and S. 112(2)(d) amended by No. 45/1996 s. 17(Sch. 1 item 67). (d) may confer power on the Secretary, a Governor or a Regional Manager to grant exemption from the regulations, to impose conditions subject to which the exemption is granted and to revoke or vary the exemption; and (e) may apply or incorporate by reference any document formulated in accordance with the regulations and concerning the conduct of officers under Part 5 or Part 9, prisoners or offenders, the privileges of prisoners or the routine of a prison or a location; and (f) may impose penalties not exceeding 10 penalty units for contravention of the regulations. S. 112(3) amended by No. 45/1996 s. 17(Sch. 1 item 67). (3) If a Governor or a Regional Manager grants or varies an exemption under a power conferred by the regulations the Governor or the Regional Manager must as soon as possible report details of the exemption or variation to the Secretary. S. 112(4) amended by No. 45/1996 s. 17(Sch. 1 item 67). (4) The Secretary may by instrument given to the Governor or Regional Manager revoke or vary an exemption granted by the Governor or Regional Manager. S. 112(5) repealed by No. 45/1996 s. 7(d). * * * * *
S. 113(3) amended by No. 16/1987 s. 4(3)(Sch. 1 item 7(k)). (3) An order made by the Adult Parole Board under the Community Services Act 1970 and in force at the date of commencement of this section has effect as if it were an order made under this Act by the Adult Parole Board established by this Act. (4) A permit or order which under this section has effect as if it were made under this Act may be enforced, varied, amended, cancelled or revoked under the provisions of this Act which relate to permits or orders of that kind. (5) This Act applies to an offender, whether the correctional order to which the offender is subject 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 (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.
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 Assent Date: 7.11.01 Commencement Date: S. 3(Sch. item 4) on 20.12.01: Government Gazette 20.12.01 p. 3127 : This information relates only to the provision/s amending the Corrections Act 1986 Sentencing (Amendment) Act 2002, No. 2/2002