S. 3(1) def. of correctional order amended by Nos 44/1991 s. 6(a), 49/1991 s. 119(7) (Sch. 4 item 3.2(a)(b)), 11/1993 s. 7(1)(a), 65/1997 s. 81(a), 45/2001 s. 23(1), 2/2002 s. 12, 53/2003 s. 11(2), 32/2006 s. 90(1), 30/2010 s. 45(a), 48/2011 s. 3(a), 65/2011 s. 107(Sch. item 2.3), 55/2014 s. 144. correctional order means any of the following— (a) a community-based order; (aa) a community correction order, within the meaning of the Sentencing Act 1991; (ab) a community work permit within the meaning of the Infringements Act 2006; (b) a parole order; (c) an old intensive correction order, within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991; (d) a direction under section 107(1)(a) of the Sentencing Act 1991 that a person be released on giving an undertaking that has as a condition that the person be under the supervision of a community corrections officer; (e) a direction under section 107(1)(b) of the Sentencing Act 1991 that a person be released on parole; (f) a supervision order under section 26 or 38ZH of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that includes a condition with respect to supervision of the person subject to the order by a community corrections officer; (g) a combined custody and treatment order; (h) a drug treatment order (as defined in section 3(1) of the Sentencing Act 1991); * * * * *
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;
S. 6A(1A)(a) amended by No. 41/2015 s. 38. (a) a person who has ceased to be in the legal custody of the Secretary by force of section 6B(1)(ca) is again taken into custody and detained under the order referred to in that section; and (b) either of the events referred to in subsection (1)(b) occurs. (2) A person who enters the legal custody of the Secretary under subsection (1) is deemed to remain in that custody until that custody ceases under this Part. (3) This section applies to a person regardless of the person's age. S. 6A(4) inserted by No. 91/2009 s. 201(3). (4) A person in respect of whom a detention order or an interim detention order within the meaning of the Serious Sex Offenders (Detention and Supervision) Act 2009 has been made is deemed to be in the legal custody of the Secretary following the occurrence of either event set out in subsection (1)(b). S. 6B inserted by No. 45/2001 s. 5, amended by No. 5/2006 s. 14(4) (ILA s. 39B(1)). 6B When does legal custody of the Secretary cease? (1) A person ceases to be in the legal custody of the Secretary— S. 6B(1)(a) amended by No. 91/2009 s. 201(4). (a) on the expiration of the person's sentence of imprisonment, or if the person is serving more than one sentence of imprisonment, on the expiration of all of those sentences of imprisonment, unless the person is also in that custody under a detention order or an interim detention order under the Serious Sex Offenders (Detention and Supervision) Act 2009 or for some other reason; or
Pt 2A Div. 3 (Heading and ss 9AA–9AC) inserted by No. 94/1994 s. 10, substituted by No. 26/1997 s. 10. Division 3—Agreements with the Chief Commissioner of Police S. 9AA inserted by No. 94/1994 s. 10, amended by No. 45/1996 s. 17(Sch. 1 item 9), substituted by No. 26/1997 s. 11. 9AA Agreements with the Chief Commissioner (1) The Chief Commissioner of Police may, for and on behalf of the Crown, enter into an agreement with a person or body, including the Secretary, for the provision by that person or body of— (a) custodial services in police gaols; or (b) services related to the transport of— (i) persons detained in a police gaol to or from a police gaol; or (ii) persons detained in custody in a prison from the prison to a court or police gaol or from a court to a prison or police gaol; or S. 9AA(1) (b)(iii) amended by No. 65/1997 s. 81(b), substituted by No. 26/2014 s. 455(Sch. item 6.2), amended by No. 20/2015 s. 38. (iii) patients within the meaning of the Mental Health Act 2014 from a designated mental health service under that Act to a court or a police gaol or a designated mental health service or from a court or a police gaol to a court or a police gaol or a designated mental health service; or S. 9AA(1)(b)(iv) amended by No. 48/2006 s. 42(Sch. item 8.2). (iv) persons detained in a remand centre, youth residential centre or youth justice centre within the meaning of the Children, Youth and Families Act 2005 from that centre to a court or a police gaol or from a court or police gaol to a court or police gaol or such a centre; or
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 (ii) an employee in the teaching service; or (iii) a member of staff of a TAFE institute within the meaning of the Education and Training Reform Act 2006; or (iv) a member of staff of a dual sector university within the meaning of the Education and Training Reform Act 2006; or * * * * * (f) a member of a prescribed class of persons who works in a prison as a psychiatrist, registered medical practitioner, dentist, nurse, midwife or health worker. Division 2—Work 15 Authorized persons may act as prison officers
S. 16(4) substituted by No. 10/2013 s. 9(3). (4) This Act applies to a person authorized to act as principal medical officer or as medical officer as if the person were a principal medical officer or medical officer (as the case may be). S. 17 substituted by No. 94/1994 s. 19. 17 Powers of Secretary S. 17(1) amended by Nos 45/1996 s. 17(Sch. 1 item 17), 45/2001 s. 14. (1) The Secretary has and may exercise all or any of the powers or functions of a Governor of a prison or a prison officer or escort officer under this Act. S. 17(2) amended by No. 45/1996 s. 17(Sch. 1 item 17). (2) The Secretary may exercise the powers and functions under subsection (1) in relation to a particular prison or class of prisons or in relation to all prisons in . S. 17(3) amended by Nos 45/1996 s. 17(Sch. 1 item 17), 45/2001 s. 14. (3) An exercise by the Secretary of any power or function under subsection (1) in relation to a matter, prevails over the exercise by a Governor or prison officer or escort officer of that power or function in relation to that matter. 18 Prison officer subject to direction of principal of training institutions (1) An officer attending a training institution is subject to the direction of the principal of that institution. (2) In this section training institution means an institution for the training of officers established or conducted in accordance with the regulations. 19 Officers subject to certain directions
(1) A prison officer is subject to the directions of the Governor of the prison to which the prison officer is assigned. (2) The Governor of a prison may give to officers within the meaning of paragraph (f) of the definition of officer in section 14 who are working at the prison or with prisoners such directions as the Governor considers necessary for the security of the prison. (3) The Governor may give to other officers working at the prison or with prisoners such directions as the Governor considers necessary for the management good order or security of the prison or the prisoners. 20 Duties relating to security and welfare (1) An officer in charge of a prison or part of a prison must take all reasonable steps for the security of the prison or part of the prison. (2) An officer in charge of prisoners must take all reasonable steps for the safe custody and welfare of the prisoners. (3) An officer must not jeopardize the security of the prison. S. 20(4) amended by No. 45/1996 s. 17(Sch. 1 item 18(a)). (4) An officer must make returns and reports in accordance with the regulations and other returns and reports required by the Secretary. S. 20(5) amended by No. 45/1996 s. 17(Sch. 1 item 18(a)). (5) An officer must keep records in accordance with the regulations and other records required by the Secretary. S. 20(5A) inserted by No. 10/2013 s. 10(1). (5A) An officer, when required by the Secretary, must provide oral or written information to the Secretary in relation to the security and good
family member, in relation to a person, means that person's— (a) spouse or domestic partner; (b) child or step-child aged 18 years or more; (c) parent, step-father, step-mother or legal guardian; (d) brother, sister, step-brother or stepsister aged 18 years or more; (e) grandparent; (f) grandchild aged 18 years or more; (g) uncle or aunt; (h) niece or nephew aged 18 years or more; (i) father-in-law, mother-in-law, daughter-in-law, brother-in-law or sister-in-law aged 18 years or more; S. 30A(1) def. of relevant offence inserted by No. 49/2006 s. 5(1)(c), amended by No. 91/2009 s. 202(1)(b). relevant offence means a relevant offence within the meaning of the Serious Sex Offenders (Detention and Supervision) Act 2009; S. 30A(1) def. of supervision order inserted by No. 91/2009 s. 202(1)(a). supervision order means a supervision order within the meaning of the Serious Sex Offenders (Detention and Supervision) Act 2009 or an interim supervision order under that Act; law,
S. 30A (2AC)(a) amended by No. 10/2013 s. 12(5). (a) despite an order made under section 184 of the Serious Sex Offenders (Detention and Supervision) Act 2009; and S. 30A (2AC)(b) amended by No. 10/2013 s. 12(6). (b) despite sections 182 and 186 of the Serious Sex Offenders (Detention and Supervision) Act 2009. S. 30A(2A) inserted by No. 14/2004 s. 7(2), amended by Nos 49/2006 s. 5(3), 62/2013 s. 3(2). (2A) If a person included on the victims register has a nominee whose details have been included under section 30D in respect of the person included on the victims register, the Secretary may give information under subsection (1A), (2) or (2AA) to the nominee on behalf of that person. S. 30A(3) amended by No. 49/2006 s. 5(4). (3) The Secretary must not disclose the information if the Secretary reasonably believes the disclosure of the information might endanger the security of any prison or the safe custody and welfare of the prisoner or any other prisoner or the safety or welfare of the offender or the safety or welfare of any other person. S. 30B inserted by No. 14/2004 s. 8. 30B Application to be included on victims register (1) A person may apply to the Secretary for inclusion on the victims register. (2) An application under subsection (1)— (a) must be in writing; and (b) may include details of a nominee to whom the applicant wishes information to be
S. 30I(5) def. of information relating to the personal affairs of a prisoner substituted as information relating to the personal affairs of a prisoner or an offender by No. 49/2006 s. 5(11)(b). information relating to the personal affairs of a prisoner or an offender includes information, including photographs, fingerprints, samples and results of tests— (a) that identifies the prisoner or offender or discloses his or her address or location; or (b) from which any other person's identity, address or location can reasonably be determined— but does not include information that is in the public domain. 31 Children S. 31(1) amended by Nos 16/1991 s. 6, 45/1996 s. 17(Sch. 1 item 24). (1) At the request of a prisoner who is the child's parent the Secretary may permit the prisoner's child to live with the prisoner in the prison if the Secretary is satisfied that— (a) it is in the best interests of the child to live with his or her parent in the prison; and (b) the management good order or security of the prison will not be threatened by the child living in the prison. (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. 43(1B) inserted by No. 94/1994 s. 21(1). (1B) An order under subsection (1A) in relation to a matter prevails over any order under subsection (1) or section 39 in relation to that matter. S. 43(2) amended by No. 94/1994 s. 21(2). (2) A person who disobeys an order under this section is guilty of an offence. 5 penalty units. (3) If a person disobeys a Governor's order to leave a prison, a prison officer may, if necessary, use reasonable force to compel the person to leave the prison. Division 3—Search and seizure 44 Formal searches (1) A person who wishes to enter or remain in a prison as a visitor must, if asked, submit to a formal search. (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. (3) If, when asked, a person does not submit to a formal search, a prison officer may prohibit the person from entering the prison or if the person is in the prison order the person to leave the prison immediately. 45 Search S. 45(1) amended by No. 16/1991 s. 9(a)(c). (1) The Governor of a prison may for the security or good order of the prison or the prisoners at any time order a prison officer to— (a) search any part of the prison; or S. 45(1)(b) substituted by No. 45/2001 s. 31. (b) search and examine any person in the prison other than a judge of the Supreme Court or County Court, or a magistrate; or
S. 47(1)(j) amended by No. 45/1996 s. 17(Sch. 1 item 31), substituted by No. 45/2001 s. 32(a), amended by No. 10/2013 s. 17(2). (j) the right to make complaints concerning prison management to the Minister, the Secretary, the Commissioner, the Governor, an independent prison visitor, the Ombudsman, the Health Services Commissioner and the Human Rights Commissioner; (k) the right to receive at least one visit which is to last at least half an hour in each week under section 37; (l) the right to be classified under a classification system established in accordance with the regulations as soon as possible after being sentenced and to have that classification reviewed annually; 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; (v) the Health Services 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
S. 47A inserted by No. 45/2001 s. 33. 47A Suspected dangerous letters may be disposed of If the Governor reasonably suspects that any letter to, or from, a prisoner contains an unauthorised article or substance that could pose an immediate danger to any person, the Governor may dispose of the letter in any manner he or she considers to be appropriate. S. 47B inserted by No. 45/2001 s. 33. 47B Certain confidential letters may be inspected (1) This section applies if the Governor reasonably suspects that a letter to, or from, a prisoner contains any unauthorised article or substance, but section 47A does not apply. S. 47B(2) amended by Nos 18/2005 s. 18(Sch. 1 item 22.3), 28/2007 s. 3(Sch. item 14), substituted by No. 41/2015 s. 15(1). (2) If the letter is to, or from, one of the following correspondents— (a) a lawyer; (b) the Health Services Commissioner; (c) the Human Rights Commissioner; (d) the Victorian Legal Services Commissioner appointed under section 51 of the Legal Profession Uniform Law Application Act 2014; (e) the Freedom of Information Commissioner appointed under Part IA of the Freedom of Information Act 1982; (f) the Mental Health Complaints Commissioner appointed under section 226 of the Mental Health Act 2014; (g) the Commissioner for Privacy and Data Protection appointed under section 96 of the Privacy Data Protection Act 2014; (h) the Victorian Equal Opportunity and Human Rights Commission continued in existence by section 154 of the Equal Opportunity Act 2010;
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. S. 47E inserted by No. 45/2001 s. 33. 47E Letter register The Governor must establish and maintain a register containing— (a) details of every letter disposed of under section 47A; and
An escort officer may discharge a firearm that is a prescribed non-lethal firearm at a person if the escort officer reasonably believes that discharging the firearm is the only practicable way to— (a) prevent, control or stop a riot in a prison; or (b) prevent a serious threat to the security or good order of the prison. S. 55F inserted by No. 45/2001 s. 15. 55F Report to Secretary (1) An escort officer must immediately report to the Secretary the escape or suspected escape of a prisoner— (a) from the physical custody of the escort officer; or (b) from the physical custody of another person who is transporting or supervising the prisoner, if the escape or suspected escape comes to the escort officer's notice. (2) An escort officer must report to the Secretary without delay— (a) anything which might reasonably be thought to jeopardise the welfare of a prisoner the escort officer is transporting or supervising; (b) the exercise of any of the powers the escort officer has under sections 55C(2)(b) to 55C(2)(e) in relation to the prisoner; (c) on the commission by the prisoner of an act that is, in the opinion of the escort officer, an unlawful act or an attempt to commit an unlawful act; (d) on an omission by a prisoner that is, in the opinion of the escort officer, an unlawful omission; (e) if the escort officer uses force to compel a prisoner to obey an order.
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 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 (iv) a statement made by the Secretary as to the conditions (if any) the Secretary seeks to be imposed on the order. (5) An applicant for a police custody transfer order must serve a copy of the application on the Secretary. (6) An application under subsection (1) is not to be heard in open court. S. 56C inserted by No. 10/2013 s. 20. 56C Application to be determined on the papers and information to be in custody of the Court (1) The Supreme Court, after considering an application made under section 56B, is to determine the matter on the papers. (2) A person is not entitled to search any document in the custody of the Supreme Court that forms part of an application made under section 56B or an order made under section 56D unless the Court otherwise orders in the interests of justice.
(6) If a member who is a Judge of the Supreme Court or the County Court ceases to be a Judge, the member ceases to hold office as a member. S. 63(6AA) inserted by No. 10/2013 s. 23(1). (6AA) If a member who is an Associate Judge of the Supreme Court ceases to be an Associate Judge, the member ceases to hold office as a member. S. 63(6A) inserted by No. 16/1991 s. 16(3). (6A) If a member who is a Magistrate ceases to be a Magistrate, the member ceases to hold office as a member. S. 63(7) amended by No. 46/1998 s. 7(Sch. 1), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 45.5), 80/2006 s. 26(Sch. item 20.1). (7) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member in respect of the office of member. (8) The appointment as a member of the Board of a Judge of the Supreme Court or the County Court does not affect the tenure of office, rank, status or the remuneration rights or privileges of the Judge as the holder of office as a Judge, and for all purposes, service as a member of the Board by a Judge is to be regarded as service as a Judge. S. 63(8A) inserted by No. 10/2013 s. 23(2). (8A) The appointment as a member of the Board of an Associate Judge of the Supreme Court does not affect the tenure of office, rank, status or the remuneration rights or privileges of the Associate Judge as the holder of office as an Associate Judge, and for all purposes, service as a member of the Board by an Associate Judge is to be regarded as service as an Associate Judge.
S. 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(1)(bca) inserted by No. 10/2013 s. 27. (bca) the number of requests made for a review of a Board decision relating to parole that are accepted and the outcome of each review completed; and S. 72(1)(bcb) inserted by No. 62/2013 s. 10(1). (bcb) the number of persons convicted during that period of a serious offence committed while on parole; and
S. 78C inserted by No. 46/2013 s. 3 (as amended by No. 25/2014 s. 13). 78C Consideration by Board of breach of terms and conditions of parole (1) As soon as reasonably practicable after being notified under section 78B(4) of the detention of a prisoner, the Board must by instrument order that— (a) the prisoner be detained in a prison or a police gaol pending consideration by the Board of the breach of the term or condition of the prisoner's parole order; or (b) the prisoner cease to be detained under section 78B(2) or (3). (2) The function of the Board referred to in subsection (1) may be exercised on behalf of the Board by a member of the Board appointed under section 61(2)(a), (ab), (b), (c), (d) or (da). (3) If an order has been made under subsection (1)(a), the Board must consider the breach of the term or condition of the prisoner's parole order under this Division as soon as practicable after it is notified of the detention of the prisoner. Note Subdivision (30A) of Division 1 of Part III of the Crimes Act 1986 contains further provisions that apply to prisoners taken into custody, including prisoners detained under section 78B or 78C. S. 78D inserted by No. 46/2013 s. 3 (as amended by No. 25/2014 s. 13). 78D Application of certain provisions of the Crimes Act 1958 and the Bail Act 1977 (1) If— (a) a prisoner is detained under section 78B(2) or (3) or an order made under section 78C(1)(a); and (b) a decision or order is made for the purposes of section 464A(1)(a) or (b) of the Crimes Act 1958 to release the prisoner—
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. 6 (Heading and ss 80–84) amended by No. 57/1989 s. 3(Sch. items 35.5, 35.6), repealed by No. 44/1991 s. 5(1), new Pt 8 Div. 6 (Heading and ss 79–79H) inserted by No. 49/2006 s. 7. Division 6—Change of name applications by prisoners released on parole New s. 79 inserted by No. 49/2006 s. 7. 79 Application of Division This Division applies despite anything to the contrary in the Births, Deaths and Marriages Registration Act 1996. S. 79A inserted by No. 49/2006 s. 7. 79A Definitions In this Division— change of name application means an application by or on behalf of a prisoner on parole for
Division 1—Definitions 85 Definitions In this Part— S. 85 def. of act of misconduct amended by No. 45/1996 s. 17(Sch. 1 item 55(a)). act of misconduct means an offender's contravention of this Act, the regulations, or a direction of the Secretary, a Regional Manager or an officer, which is declared by the regulations to be an act of misconduct; 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
police gaol at which, or in relation to which, police custody officers may exercise their powers. Pt 9A Div. 2 (Heading and ss. inserted by No. 59/2015 s. 16. Division 2—Management powers in police gaols S. 104AC inserted by No. 59/2015 s. 16. 104AC Management of visitors in police gaols (1) With the permission of the officer in charge of a police gaol, any person may enter the police gaol and visit a detained person. (2) If a person wishing to visit a detained person is a lawyer acting in the course of the lawyer's practice, the officer in charge of a police gaol— (a) must not unreasonably refuse permission to the lawyer to visit the police gaol; and (b) in deciding whether to give or refuse permission to the lawyer to visit the police gaol must have regard to— (i) the interests of the security of the police gaol and the safe custody of any person held at the police gaol; and (ii) the principle that a person held in custody should, in the interests of justice, have reasonable access to a legal representative. (3) If a person wishing to visit a police gaol is under the age of 18 years, the officer in charge of the police gaol may require that the person is accompanied by a parent or guardian.
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. 109 amended by No. 31/1994 s. 3(Sch. 1 item 14). 109 Grants by Minister Out of the moneys available for the purpose the Minister may make grants to organizations which, in the Minister's opinion, promote the welfare of prisoners or offenders or provide treatment or help of any other kind for prisoners or offenders. S. 110 amended by No. 49/1991 s. 119(7) (Sch. 4 item 3.9), substituted by No. 50/1994 s. 124, amended by No. 35/2002 s. 9, repealed by No. 55/2009 s. 5, new s. 110 inserted by No. 25/2014 s. 12. 110 Disclosure of certain information is not breach of section 4 of Judicial Proceedings Reports Act 1958 Section 4 of the Judicial Proceedings Reports Act 1958 does not prevent a disclosure of information, including the identity of a victim, that is made for the purposes of the administration of this Act or of an order made under this Act or an order or sentence made or imposed by a court under the Sentencing Act 1991 or for the purposes of an application for an order under this Act or the Sentencing Act 1991. 111 Sheriff's power not affected This Act does not affect any function power or duty in relation to prisons or the confinement or release of prisoners which a sheriff has under another Act or a rule of law or practice. S. 111A inserted by No. 94/1994 s. 23, amended by No. 26/1997 s. 16(1). 111A Supreme Court—limitation of jurisdiction (1) It is the intention of this section to alter or vary section 85 of the Constitution Act 1975 to the
Assent Date: 16.5.06 Commencement Date: S. 235 on 1.7.07: s. 2(3) : This information relates only to the provision/s amending the Corrections Act 1986 Education and Training Reform Act 2006, No. 24/2006 Assent Date: 16.5.06 Commencement Date: S. 6.1.2(Sch. 7 item 10) on 1.7.07: Government Gazette 28.6.07 p. 1304 : This information relates only to the provision/s amending the Corrections Act 1986 Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006 Assent Date: 13.6.06 Commencement Date: S. 90 on 1.7.06: Government Gazette 29.6.06 p. 1315 : This information relates only to the provision/s amending the Corrections Act 1986 Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006 Assent Date: 15.8.06 Commencement Date: S. 42(Sch. item 8) on 23.4.07: s. 2(3) : This information relates only to the provision/s amending the Corrections Act 1986 Corrections and Other Justice Legislation (Amendment) Act 2006, No. 49/2006 Assent Date: 15.8.06 Commencement Date: Ss 3, 4, 6–8 on 16.8.06: s. 2(1): s. 5 on 1.10.06: s. 2(3) : This information relates only to the provision/s amending the Corrections Act 1986 Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006 Assent Date: 10.10.06 Commencement Date: S. 26(Sch. item 20) on 11.10.06: s. 2(1) : This information relates only to the provision/s amending the Corrections Act 1986 Statute Law Revision Act 2007, No. 28/2007 Assent Date: 26.6.07 Commencement Date: S. 3(Sch. item 14) on 27.6.07: s. 2(1) : This information relates only to the provision/s amending the Corrections Act 1986 Justice Legislation Amendment Act 2007, No. 53/2007
(a) in paragraph (j), for "Health Services Commissioner" substitute "Health Complaints Commissioner"; (b) in paragraph (m)(v), for "Health Services Commissioner" substitute "Health Complaints Commissioner". 166 Certain confidential letters may be inspected In section 47B(2)(b) of the Corrections Act 1986, for "Health Services Commissioner" substitute "Health Complaints Commissioner". 4 Explanatory details