S. 3(1) def. of combined custody treatment order inserted by No. 65/2011 s. 107(Sch. item 2.1), amended by No. 41/2015 s. 37(a). combined custody and treatment order has the same meaning as old combined custody and treatment order in clause 1 of Schedule 3 to the Sentencing Act 1991; 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 of Committee by No. 45/1996 s. 4(a), repealed by No. 21/2008 s. 3.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 of Commission farm repealed by No. 45/1996 s. 4(b).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 of Commission industrial site repealed by No. 45/1996 s. 4(c).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 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. 3(1) def. of Secretary inserted by No. 45/1996 s. 17(Sch. 1 item 1(e)), amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 45.1), 41/2015 s. 35(a). Secretary means Secretary to the Department of Justice and Regulation under the Public Administration Act 2004 and includes a person acting as the Secretary to the Department of Justice and Regulation under that Act; 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 security officer inserted by No. 64/2017 s. 3(1). security officer means a security officer employed under Part 4; S. 3(1) def. of serious violent offence inserted by No. 64/2017 s. 3(1). serious violent offence means any of the following— (a) an offence to which clause 2 of Schedule 1 to the Sentencing Act 1991 applies;
S. 3(1) def. of sexual offence inserted by No. 64/2017 s. 3(1). sexual offence (except in section 56AC) means an offence referred to in Schedule 1 to the Serious Sex Offenders (Detention and Supervision) Act 2009; 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. 3(1) def. of supervise inserted by No. 45/2001 s. 3(2). supervise, in relation to a prisoner or person, includes to take charge of and to hold the prisoner or person;
S. 3(1) def. of terrorism or foreign incursion offence inserted by No. 64/2017 s. 3(1). terrorism or foreign incursion offence means an offence referred to in Schedule 4; S. 3(1) def. of tobacco smoking accessory inserted by No. 45/2014 s. 3. tobacco smoking accessory means any smoking implement and includes but is not limited to, cigarette papers, pipes, cigarette holders, hookahs, water pipes, cigarette lighters, matches or other similar methods of ignition of a tobacco product; S. 3(1) def. of tobacco product inserted by No. 45/2014 s. 3. tobacco product means tobacco, cigarette or cigar or any other product the main ingredient of which is tobacco and which is designed for human consumption; S. 3(1) def. of transition centre inserted by No. 2/2005 s. 3. transition centre means a transition centre under Part 3; S. 3(1) def. of transport inserted by No. 45/2001 s. 3(2). transport includes escort, bring, transfer, convey, take and deliver; S. 3(1) def. of victims register inserted by No. 14/2004 s. 4. victims register means the register established under the regulations for the purpose of recording persons entitled to be given information under section 30A and to make victim submissions; S. 3(1) def. of victim submission inserted by No. 14/2004 s. 4. victim submission means a submission made under section 74A to the Adult Parole Board;
S. 6C(1)(bb) inserted by No. 53/2003 s. 12, repealed by No. 48/2011 s. 4, new s. 6C(1)(bb) inserted by No. 10/2013 s. 5. (bb) a person who is absent from prison under a police custody transfer order; S. 6C(1)(bc) inserted by No. 2/2005 s. 8(1). (bc) a person who is absent from a prison under a fine default permit; (c) a person who is serving a sentence of imprisonment by way of intensive correction in the community; (d) a person who is serving a sentence of imprisonment that was wholly or partly suspended and who is in the community in accordance with that sentence. (2) A person is on parole if there is in force a parole order relating to the person and the person is serving a sentence of imprisonment but is not detained in a prison. S. 6C(3) inserted by No. 2/2002 s. 13(2). (3) A person is in the community under a drug treatment order even if he or she is— (a) submitting to residential detoxification or other treatment in accordance with a program condition attached to the order; or (b) at a place in accordance with an order under section 18ZL(1)(c) or (e) of the Sentencing Act 1991. S. 6D inserted by No. 45/2001 s. 5. 6D When is a person in the legal custody of the Chief Commissioner of Police? (1) A person is deemed to enter the legal custody of the Chief Commissioner of Police for the purposes of this Act when—
(b) the instrument is used in the manner determined by the Chief Commissioner of Police. S. 9A(3) amended by Nos 94/1994 s. 12(3)(a)(b), 22/1996 s. 4(2), 26/1997 s. 12(2). (3) A contractor or sub-contractor or a person employed by a contractor or sub-contractor is incapable of exercising any function or power referred to in subsection (1), (1A) or (1B) except in accordance with an authority given under that subsection. S. 9A(4) amended by Nos 94/1994 s. 12(3)(c), 45/1996 s. 17(Sch. 1 item 10). (4) The Secretary or the Chief Commissioner of Police may refuse to give an authority to any person if he or she considers that it is in the public interest not to give it. S. 9A(5) amended by Nos 94/1994 s. 12(3)(c), 45/1996 s. 17(Sch. 1 item 10). (5) Without limiting subsection (4), the Secretary or the Chief Commissioner of Police may refuse to give an authority— S. 9A(5)(a) amended by Nos 94/1994 s. 12(3)(c), 45/1996 s. 17(Sch. 1 item 10). (a) to any person who has not undertaken a relevant course of training or instruction accredited by the Secretary or the Chief Commissioner of Police for the purposes of this Part; or S. 9A(5)(b) amended by Nos 94/1994 s. 12(3)(c), 45/1996 s. 17(Sch. 1 item 10). (b) to any person whom the Secretary or the Chief Commissioner of Police considers not to be a fit and proper person to be so authorised for any reason including criminal record, character or educational standard. S. 9A(6) amended by Nos 94/1994 s. 12(3)(c)(d), 45/1996 s. 17(Sch. 1 item 10). (6) After giving the person a reasonable opportunity to be heard, the Secretary or the Chief Commissioner of Police may at any time revoke an authority given by him or her to that person if
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
S. 9F(d) amended by No. 94/1994 s. 17(b). (d) the persons employed by the contractor or sub-contractor (as the case requires) were officers of that agency. S. 9G inserted by No. 11/1993 s. 4(1), amended by No. 94/1994 s. 18, repealed by No. 82/2012 s. 285(1). * * * * * 10 Establishment of prisons (1) The Governor in Council may by Order appoint any premises or place to be a prison. (2) The name of a prison is the name given to it in the Order establishing it. (3) The maximum number of persons to be detained in a prison is the number (if any) stated in the Order establishing it. S. 10(3A) inserted by No. 45/1996 s. 14(1). (3A) The Governor in Council may by Order revoke the appointment of any place or premises as a prison, including a place or premises listed in column 2 of Schedule 2. S. 10(4) amended by No. 45/1996 s. 14(2). (4) An Order under subsection (1) or (3A) comes into operation on its making or on a later date stated in the Order. S. 10(5) amended by No. 45/1996 s. 14(3). (5) The Minister must within seven days after the making of an Order under subsection (1) or (3A) publish a copy of the Order in the Government Gazette.
S. 12(6) amended by No. 11/1993 s. 7(1)(c), repealed by No. 46/1998 s. 7(Sch. 1). * * * * * S. 12A inserted by No. 41/2015 s. 13. 12A Authority to exercise powers, functions and duties of community corrections officer or Regional Manager (1) The Secretary, by instrument, may authorise an employee of the Department to exercise any or all of the powers, functions and duties under this Act or any other Act, or any regulations made under this or any other Act of— (a) a community corrections officer; or (b) a Regional Manager. (2) An authorisation under this section may be made in relation to an employee or class of employees specified in the instrument of authorisation. 13 Volunteers S. 13(1) amended by No. 45/1996 s. 17(Sch. 1 item 14). (1) The Secretary may by instrument authorize a person to work in an unpaid capacity for prison purposes or at a location. S. 13(2) amended by No. 45/1996 s. 17(Sch. 1 item 14). (2) The Secretary must not under subsection (1) authorize a person to do work which is part of the duties of a prison officer. (3) The period for which and the other terms and conditions under which, a person is authorized to work under subsection (1) are those stated in the person's instrument of authority.
under section 119, 120(2) or 121 the Serious Sex Offenders (Detention and Supervision) Act 2009; (ii) details of any changes affecting the operation of the order; S. 30A (2AA)(ba)(iii) inserted by No. 10/2013 s. 12(4). (iii) a copy of the order; S. 30A (2AA)(c) amended by Nos 91/2009 s. 202(2)(d), 41/2015 s. 23(3)(c). (c) if the supervision order or detention order is suspended or revoked, the date of suspension or revocation, and the date on which a suspended order recommences operation. S. 30A(2AB) inserted by No. 49/2006 s. 5(2), repealed by No. 41/2015 s. 23(4). * * * * * S. 30A(2AC) inserted by No. 91/2009 s. 202(3). (2AC) Subsection (2AA) applies— S. 30A (2AC)(a) amended by No. 10/2013 s. 12(5). (a) despite an order made under section 184 of the Serious Sex Offenders (Detention and Supervision) Act 2009; and S. 30A (2AC)(b) amended by No. 10/2013 s. 12(6). (b) despite sections 182 and 186 of the Serious Sex Offenders (Detention and Supervision) Act 2009.
S. 30C(3)(a)(ii) inserted by No. 49/2006 s. 5(7)(a), amended by Nos 91/2009 s. 203(1), 41/2015 s. 24(1). (ii) an offender who is or was subject to a supervision order or a detention order, or an application for a supervision order or a detention order— against that person; or S. 30C(3)(b) amended by No. 49/2006 s. 5(7)(b). (b) can demonstrate, to the satisfaction of the Secretary, a substantial connection to the offence for which the prisoner is serving a sentence of imprisonment; or S. 30C(3)(c) inserted by No. 49/2006 s. 5(7)(c), amended by 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
disclosed under section 30A by the Secretary must treat that information in an appropriate manner that respects the confidential nature of the information. S. 30I inserted by No. 14/2004 s. 8. 30I Offence to publish information disclosed under section 30A in electronic or print media S. 30I(1) amended by No. 49/2006 s. 5(11)(a). (1) A person must not publish in the electronic or print media or cause to be published in the electronic or print media any information relating to the personal affairs of a prisoner or offender if that person knows that the information has been disclosed under section 30A. 60 penalty units, in the case of a natural person; 1200 penalty units, in the case of a body corporate. S. 30I(2) amended by No. 49/2006 s. 5(11)(a). (2) A person must not, for the purposes of publication in the electronic or print media, solicit or obtain any information relating to the personal affairs of a prisoner or offender, being information which has been disclosed under section 30A from— (a) a person included on the victims register or that person's nominee (if any); or (b) a person who has previously been included on the victims register or that person's nominee (if any). 60 penalty units, in the case of a natural person; 1200 penalty units, in the case of a body corporate. S. 30I(3) amended by No. 49/2006 s. 5(11)(a). (3) A person included on the victims register, a person who has previously been included on the victims register or the nominee of either of those
persons must not disclose any information relating to the personal affairs of a prisoner or offender which has been disclosed to that person under section 30A if that person reasonably believes that the information is likely to be or will be published in the electronic or print media or caused to be published in the electronic or print media. 60 penalty units. (4) Nothing in this section prevents— (a) a nominee of a person included on the victims register disclosing information to the person on whose behalf information has been disclosed under section 30A by the Secretary to the nominee; or (b) a person included on the victims register or a nominee of a person included on the victims register from disclosing information disclosed under section 30A by the Secretary to an authorised person. (5) In this section— S. 30I(5) def. of authorised person amended by Nos 18/2005 s. 18(Sch. 1 item 22.2), 97/2005 s. 182(Sch. 4 item 13.2), 13/2010 s. 51(Sch. item 16.4), 37/2014 s. 10(Sch. item 32.4). authorised person means— (a) in the case of a person included on the victims register, a family member within the meaning of section 30A(1); (b) a police officer, the DPP or a person employed in the Office of Public Prosecutions established under the Public Prosecutions Act 1994 if that police officer or person is investigating an offence; (c) a registered medical practitioner in the course of treatment of a person included on the victims register in relation to a condition or issues arising
(3) A person who disobeys an order to leave the neighbourhood of a prison or place is guilty of an offence. 5 penalty units. S. 32(4) substituted by No. 16/1991 s. 8. (4) If a prison officer believes on reasonable grounds that a person is committing or has committed an offence under this section, the prison officer may apprehend the person without warrant. S. 32(4A) inserted by No. 16/1991 s. 8, amended by No. 37/2014 s. 10(Sch. item 32.5). (4A) A prison officer who has apprehended a person pursuant to subsection (4) must as soon as possible deliver the person to the custody of a police officer to be dealt with according to law. (5) The Crimes Act 1958 (except section 458(1) and 458(2)) applies to the apprehension of a person under this section as if the person were found committing an offence within the meaning of section 458(1)(a) of that Act. Division 2—Access to prisons 33 Definitions In this Division— S. 33 def. of independent prison visitor inserted by No. 10/2013 s. 13(b). independent prison visitor means an independent prison visitor appointed under this Division; S. 33 def. of official visitor repealed by No. 10/2013 s. 13(a). * * * * *
S. 47(1)(m) substituted by No. 45/2001 s. 32(b). (m) subject to sections 47A and 47B, the right to send letters to, and receive letters from, the following people without those letters being opened by prison staff— S. 47(1)(m)(i) amended by No. 10/2013 s. 17(3). (i) the Minister, the Secretary, the Commissioner or an independent prison visitor; (ii) a member of Parliament; S. 47(1)(m)(iii) amended by No. 18/2005 s. 18(Sch. 1 item 22.3). (iii) a lawyer representing the prisoner, or from whom the prisoner is seeking legal advice; (iv) the Ombudsman; S. 47(1)(m)(v) amended by No. 22/2016 s. 165(b). (v) the Health Complaints Commissioner; (vi) the Human Rights Commissioner; S. 47(1)(m)(vii) substituted by No. 41/2015 s. 14(1), amended by No. 38/2017 s. 78. (vii) the Independent Broad-based Anticorruption Commission established under section 12 of the Independent Broad-based Anticorruption Commission Act 2011; S. 47(1) (m)(viii) inserted by No. 41/2015 s. 14(1). (viii) the Victorian Inspectorate established under section 8 of the Victorian Inspectorate Act 2011; S. 47(1)(m)(ix) inserted by No. 41/2015 s. 14(1). (ix) the Victorian Legal Services Commissioner appointed under section 51 of the Legal Profession Uniform Law Application Act 2014;
S. 47(1)(m)(x) inserted by No. 41/2015 s. 14(1), substituted by No. 20/2017 s. 134(Sch. 1 item 4.1(a)). (x) the Information Commissioner appointed under section 6C of the Freedom of Information Act 1982; S. 47(1)(m)(xi) inserted by No. 41/2015 s. 14(1). (xi) the Mental Health Complaints Commissioner appointed under section 226 of the Mental Health Act 2014; S. 47(1)(m)(xii) inserted by No. 41/2015 s. 14(1), repealed by No. 20/2017 s. 134(Sch. 1 item 4.1(b)). * * * * * S. 47(1) (m)(xiii) inserted by No. 41/2015 s. 14(1). (xiii) the Victorian Equal Opportunity and Human Rights Commission continued in existence by section 154 of the Equal Opportunity Act 2010; S. 47(1) (m)(xiv) inserted by No. 41/2015 s. 14(1), amended by No. 20/2017 s. 134(Sch. 1 item 4.1(c)). (xiv) any person authorised to act on behalf of a person or body listed in paragraph (iv), (v), (vi), (vii), (viii), (ix), (x), (xi) or (xiii); S. 47(1)(m)(xv) inserted by No. 41/2015 s. 14(1). (xv) a person or body prescribed by the regulations; S. 47(1)(n) amended by No. 16/1991 s. 10(1), substituted by No. 45/2001 s. 32(b). (n) subject to section 47D, the right to send and receive other letters uncensored by prison staff;
(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
Pt 6 Div. 5 (Heading and ss 47F–47L) inserted by No. 97/2004 s. 4. Division 5—Change of name applications by prisoners S. 47F inserted by No. 97/2004 s. 4. 47F Application This Division applies despite anything to the contrary in the Births, Deaths and Marriages Registration Act 1996. S. 47G inserted by No. 97/2004 s. 4. 47G Definitions In this Division— change of name application means an application by or on behalf of a prisoner for registration of— (a) a change of the prisoner's name; or (b) a change of the name of a child of the prisoner; Victorian Registrar means Registrar of Births, Deaths and Marriages under the Births, Deaths and Marriages Registration Act 1996. S. 47H inserted by No. 97/2004 s. 4. 47H Applications for change of name by or on behalf of a prisoner (1) A prisoner must not make a change of name application to a Registrar without having first obtained the written approval of the Secretary. 5 penalty units. (2) A person must not make a change of name application to a Registrar on behalf of a prisoner unless the written approval of the Secretary is first obtained. 5 penalty units.
S. 55I(4) amended by Nos 37/2014 s. 10(Sch. item 32.11(b)), 59/2015 s. 11(5). (4) If one or more police officers or police custody officers assist an escort officer to transport a person under this section, the person is deemed to be in the legal custody of the Secretary while being so transported. S. 55I(5) inserted by No. 59/2015 s. 11(6). (5) A police custody officer may only exercise a power under this section if the Chief Commissioner has directed the police custody officer under section 104DA to transport the person. S. 55J inserted by No. 45/2001 s. 15. 55J Additional powers of escort officers (1) An escort officer may execute a warrant to imprison, or a remand warrant, as if the escort officer was a prison officer. (2) A warrant to imprison or a remand warrant may be directed to an escort officer. Pt 8 Div. 1B (Heading and ss 55K–55O) inserted by No. 64/2017 s. 9. Division 1B—Security officers S. 55K inserted by No. 64/2017 s. 9. 55K Functions of security officers The functions of a security officer are— (a) to provide security at premises where— (i) the Board meets; or (ii) employees of the Department who are assisting the Board under section 70(1) to perform its functions are located; and
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. 63(1) amended by No. 62/2013 s. 7(1). (1) Subject to subsections (1A) and (1B), a member of the Board holds office for the term, and subject to the conditions stated in the member's instrument of appointment but is eligible for reappointment. S. 63(1A) inserted by No. 62/2013 s. 7(2). (1A) A member of the Board may hold office for a maximum of 9 years, whether appointed for one or more terms, and whether or not those terms are consecutive. S. 63(1B) inserted by No. 62/2013 s. 7(2). (1B) A retired Judge of the Supreme Court or the County Court who has held office as a member of the Board for more than 9 years may be appointed to the Board for a term not exceeding 3 years if the retired Judge— (a) has not held office as a member of the Board within the previous 12 months; and (b) on that appointment, is also appointed as the chairperson. S. 63(2) amended by No. 45/1996 s. 17(Sch. 1 item 44). (2) The Secretary ceases to hold office as a member of the Board upon ceasing to hold the office of Secretary. (3) A member of the Board may resign the office of member by writing signed by the member and given to the person who nominated or appointed the member. (4) The office of a member becomes vacant if— (a) the member dies; or (b) the member resigns; or (c) the member's term of office expires.
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. S. 74(8A) inserted by No. 69/2005 s. 26(2), substituted by No. 26/2014 s. 455(Sch. item 6.7). (8A) The Board may make a parole order for a person who is detained in a designated mental health service under a Court Secure Treatment Order or Secure Treatment Order, but the parole order does not take effect until the person is discharged as a security patient under the Mental Health Act 2014.
the prisoner's parole is taken to have been cancelled on that conviction. S. 77(6A) inserted by No. 31/2014 s. 8, repealed by No. 41/2015 s. 3(1). * * * * * S. 77(7) amended by No. 41/2015 s. 3(2). (7) Subject to subsection (7A), if the prisoner is sentenced to another term of imprisonment in respect of one or more offences committed during the parole period, whether in Victoria or elsewhere, the Board may by order cancel the prisoner's parole, even though the parole period may already have elapsed. S. 77(7A) inserted by No. 41/2015 s. 3(3). (7A) If the prisoner is sentenced, whether in Victoria or elsewhere, to another term of imprisonment while on parole, the prisoner's parole is taken to have been cancelled on the sentence being imposed. S. 77(7B) inserted by No. 41/2015 s. 3(3). (7B) Subsection (7A) applies whether the offending in relation to which the prisoner is sentenced occurred before or during the parole period. S. 77(7C) inserted by No. 41/2015 s. 3(3). (7C) For the purposes of this section, a sentence to a term of imprisonment includes a sentence of imprisonment imposed by a court, whether in Victoria or elsewhere, that is partially suspended but does not include a sentence of imprisonment that is wholly suspended. (8) For the purposes of this section, an offence is taken to have been committed during the parole period if—
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 (c) is subject to the conditions set out in the regulations and any other conditions stated in the permit. S. 83(2) amended by No. 38/2003 s. 7(c). (2) The period stated in a permit must not exceed 7 days. S. 83(3) amended by Nos 45/1996 s. 17(Sch. 1 item 51), 45/2001 s. 18(b)(i)(ii). (3) Subject to section 6B, a prisoner who is authorised to be absent from prison under a permit continues in the legal custody of the Secretary while absent. S. 83(4) amended by No. 45/1996 s. 17(Sch. 1 item 51), repealed by No. 38/2003 s. 7(d). * * * * * New s. 84 inserted by No. 94/1994 s. 22. 84 Variation or revocation of permit
(e) a community corrections officer; (f) an employee of the Department who is authorised under section 104AAB. S. 104AAB inserted by No. 64/2017 s. 21. 104AAB Commissioner may authorise employee to exercise powers of officer The Commissioner may, by instrument, authorise a specified employee of the Department, or an employee holding a specified position in the Department, to exercise the powers of an officer under section 104AAA. Pt 9 Div. 7 (Heading and s. 104AA) inserted by No. 41/2015 s. 43. Division 7—Sentencing Advisory Council to report on offenders subject to community correction orders S. 104AA inserted by No. 41/2015 s. 43. 104AA Annual report (1) This section applies to the Sentencing Advisory Council in addition to the functions conferred on it by the Sentencing Act 1991. (2) For each financial year commencing on or after 1 July 2016, the Sentencing Advisory Council must report for that year the number of persons convicted during that year of a serious offence committed while subject to a community correction order. (3) In this section— community correction order has the same meaning as in section 3(1) of the Sentencing Act 1991; Sentencing Advisory Council means the Sentencing Advisory Council established under Part 9A of the Sentencing Act 1991;
S. 104AA def. of serious offence substituted by No. 64/2017 s. 22. serious offence means a sexual offence or a serious violent offence. Pt 9A (Heading and ss inserted by No. 45/1996 s. 11. Pt 9A (Heading) substituted by No. 59/2015 s. 12. 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. 104C(2) amended by No. 45/2017 s. 37(2). (2) Subsection (1A)(b) and (c) do not apply to a visitor to a police gaol or person wishing to enter a police gaol who is— (a) a judge of the Supreme Court or County Court; or (b) a magistrate; or (c) a relative or friend of a detained person; or S. 104C(2)(d) amended by No. 48/2006 s. 42(Sch. item 8.6). (d) visiting a detained person who is a child within the meaning of the Children, Youth and Families Act 2005. S. 104C(3) amended by Nos 59/2015 s. 19(2), 45/2017 s. 37(3). (3) The officer in charge of a police gaol may search or examine or order a police officer, a police custody officer supervisor or a police custody officer to search or examine a detained person (other than a charged person) if the officer in charge believes on reasonable grounds that the search or examination is necessary— (a) for the security or good order of the police gaol; or (b) for the safety of persons at the police gaol (whether in custody or not); or (c) to locate a weapon, or any thing that may be used in the escape of a person from a police gaol; or (d) to locate any thing connected with, or affording evidence of, the commission of the offence for which the person is detained in the police gaol. S. 104C(3A) inserted by No. 45/2017 s. 37(4). (3A) A police custody officer supervisor may search or examine or order a police custody officer to search or examine a detained person (other than a charged person) if the police custody officer
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. S. 104K inserted by No. 81/2005 s. 9. 104K Photographing (1) While the monitored person is at a community corrections centre, an officer may at any time take photographs of the person for the purposes of identifying the person, or of completing records concerning the person. (2) An officer may give to the person all necessary directions to ensure the taking of accurate photographs. S. 104K(3) substituted by Nos 91/2009 s. 216, 41/2015 s. 32. (3) Any direction given under subsection (2) is taken to be a lawful direction of the Adult Parole Board given under section 119 of the Serious Sex Offenders (Detention and Supervision) Act 2009. Division 3—Provisions applying to monitored people receiving visits from officers
S. 104L inserted by No. 81/2005 s. 9, substituted by Nos 91/2009 s. 217, 41/2015 s. 33. 104L Application of this Division This Division applies if the Adult Parole Board directs a monitored person to receive visits from an officer as a condition, imposed under section 16(2)(d) 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. 104M inserted by No. 81/2005 s. 9. 104M Officers to give reports if required (1) The 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) Subsection (1) does not apply to officers within the meaning of paragraph (e) of the definition of officer in section 85. Division 4—Obligations of regional managers S. 104N inserted by No. 81/2005 s. 9. 104N Regional Manager to ensure that officers have access to certain information S. 104N(1) amended by Nos 91/2009 s. 218(1), 41/2015 s. 34(1). (1) The Regional Manager of a region must take reasonable steps to ensure that officers working in the region have access to information as to what their powers and duties are under, and as to what provision is made by or under, this Act and the Serious Sex Offenders (Detention and Supervision) Act 2009 concerning monitored people to whom this Part applies.
(c) that arose out of and in connection with his or her detention in custody in a prison; claim means a claim brought in tort, in contract or under statute or otherwise; court includes tribunal; criminal act has the meaning given in section 104Q; damages includes any form of monetary compensation; family member has the same meaning as in section 30A; initial quarantine period, in relation to a prisoner compensation quarantine fund, means the period of 12 months following the publication in the Government Gazette of the notice in respect of the fund under section 104Y; prisoner includes former prisoner; prisoner compensation quarantine fund has the meaning given in section 104V; quarantine period, in relation to a prisoner compensation quarantine fund relating to a prisoner, means— (a) the initial quarantine period; and (b) the period ending on the final determination of all legal proceedings by victims against the prisoner which are commenced within the initial quarantine period and which are notified to the Secretary under section 104ZE(1); State includes—
S. 104ZY(2)(dg) inserted by No. 31/2017 s. 11(2)(c). (dg) if the use or disclosure is to the Information Commissioner appointed under section 6C of the Freedom of Information Act 1982; S. 104ZY(2)(dh) inserted by No. 31/2017 s. 11(2)(c). (dh) if the use or disclosure is to the Health Complaints Commissioner appointed under section 111 of the Health Complaints Act 2016; S. 104ZY(2)(di) inserted by No. 31/2017 s. 11(2)(c). (di) if the use of disclosure is to any person or body authorised to act on behalf of a person or body listed in paragraph (d), (da), (db), (dc), (dd), (de), (df), (dg) or (dh); S. 104ZY(2)(dj) inserted by No. 31/2017 s. 11(2)(c). (dj) if the use or disclosure is to any person or body prescribed by the regulations; (e) if the information is disclosed to a person included on the victims register for the purpose of making a victim submission; (f) if the information is the current location of a prisoner and the disclosure is to the prisoner's lawyer; S. 104ZY(2)(fa) inserted by No. 31/2017 s. 11(2)(d). (fa) if the use or disclosure is in accordance with the Privacy and Data Protection Act 2014; (g) if the use or disclosure is in accordance with the Health Records Act 2001; S. 104ZY (2)(ga) inserted by No. 57/2016 s. 14(1)(a), substituted by No. 31/2017 s. 11(2)(e). (ga) if the use or disclosure is for the purpose of the administration of the Working with Children Act 2005;
Sch. 3 item 1 amended by No. 64/2017 s. 25. 1. A serious violent offence. Sch. 3 item 2 amended by No. 32/2017 s. 9(1). 2. An offence at common law of 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); (c) section 21A (stalking); (d) section 22 (conduct endangering life); (e) section 23 (conduct endangering persons); (f) section 24 (negligently causing serious injury); (g) section 25 (setting traps etc. to kill); (h) section 26 (setting traps etc. to cause serious injury); (i) section 27 (extortion with threat to kill); (j) section 28 (extortion with threat to destroy property etc.); (k) section 29 (using firearm to resist arrest etc.); (l) section 30 (threatening injury to prevent arrest); (m) section 31 (assaults); (n) section 31A (use of firearms in commission of offences); (o) section 31B (being armed with criminal intent); (p) section 32 (performing female genital mutilation);
Assent Date: 27.6.17 Commencement Date: S. 20 not yet proclaimed : This information relates only to the provision/s amending the Corrections Act 1986 Corrections Legislation Miscellaneous Amendment Act 2017, No. 31/2017 Assent Date: 15.8.17 Commencement Date: Ss 4–6, 12 not yet proclaimed : This information relates only to the provision/s amending the Corrections Act 1986 Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017, No. 43/2017 Assent Date: 26.9.17 Commencement Date: S. 34 on 26.2.18: Special Gazette (No. 406) 28.11.17 p. 1 : This information relates only to the provision/s amending the Corrections Act 1986 Justice Legislation Amendment (Protective Services Officers and Other Matters) Act 2017, No. 45/2017 Assent Date: 26.9.17 Commencement Date: Ss 12–14 not yet proclaimed : This information relates only to the provision/s amending the Corrections Act 1986 Serious Sex Offenders (Detention and Supervision) Amendment (Governance) Act 2017, No. 57/2017 Assent Date: 8.11.17 Commencement Date: S. 45 not yet proclaimed Current State: This information relates only to the provision/s amending the Corrections Act 1986 Corrections Legislation Further Amendment Act 2017, No. 64/2017 Assent Date: 19.12.17 Commencement Date: Ss 5, 6, 14, 17, 20 not yet proclaimed : This information relates only to the provision/s amending the Corrections Act 1986 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– At the date of this publication, the following provisions amending the Corrections Act 1986 were Not in Operation: Amending Act/s: Fines Reform Act 2014, No. 47/2014 255 Definitions In section 3(1) of the Corrections Act 1986, in paragraph (ab) of the definition of correctional order, for "Infringements Act 2006" substitute "Fines Reform Act 2014".