S. 3(1) def. of contractor inserted by No. 11/1993 s. 4(2), substituted by No. 94/1994 s. 4(a), amended by No. 45/1996 s. 17(Sch. 1 item 1(a)). contractor means— (a) a party to an agreement with the Minister under section 8B(1); or (b) a party to an agreement with the Secretary under section 9(1); or (c) a party to an agreement with the Chief Commissioner of Police under section 9AA(1); S. 3(1) def. of correctional order amended by Nos 44/1991 s. 6(a), 49/1991 s. 119(7) (Sch. 4 item 3.2(a)(b)), 11/1993 s. 7(1)(a), 65/1997 s. 81(a), 45/2001 s. 23(1), 2/2002 s. 12, 53/2003 s. 11(2), 32/2006 s. 90(1), 30/2010 s. 45(a), 48/2011 s. 3(a), 65/2011 s. 107(Sch. item 2.3). correctional order means any of the following— (a) a community-based order; (aa) a community correction order, within the meaning of the Sentencing Act 1991; (ab) a community work permit within the meaning of the Infringements Act 2006; (b) a parole order; (c) an old intensive correction order, within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991; (d) a direction under section 107(1)(a) of the Sentencing Act 1991 that a person be released on giving an undertaking that has as a condition that the person be under the supervision of a community corrections officer; (e) a direction under section 107(1)(b) of the Sentencing Act 1991 that a person be released on parole; s. 3
S. 3(1) def. of repealed by No. 45/1996 s. 17(Sch. 1 item 1(b)). * * * * * S. 3(1) def. of domestic partner inserted by No. 72/2001 s. 3(Sch. item 4.1), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 12.1). domestic partner of a person means— (a) a person who is in a registered relationship with the person; or (b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender); S. 3(1) def. of escort officer inserted by No. 45/2001 s. 3(2). escort officer means— s. 3 (a) a prison officer; or (b) an escort officer employed under Part 4; S. 3(1) def. of family violence intervention order inserted by No. 30/2010 s. 45(b). family violence intervention order means— (a) a family violence intervention order within the meaning of section 11 of the Family Violence Protection Act 2008; or (b) one of the following orders made under the Crimes (Family Violence) Act 1987 as in force immediately before its repeal— (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 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 transition centre inserted by No. 2/2005 s. 3. s. 3 transition centre means a transition centre under Part 3; S. 3(1) def. of transport inserted by No. 45/2001 s. 3(2). transport includes escort, bring, transfer, convey, take and deliver; S. 3(1) def. of victims register inserted by No. 14/2004 s. 4. victims register means the register established under the regulations for the purpose of recording persons entitled to be given information under section 30A and to make victim submissions; S. 3(1) def. of victim submission inserted by No. 14/2004 s. 4. victim submission means a submission made under section 74A to the Adult Parole Board; volunteer means a person whose name appears in the Register of Volunteers kept under Part 4. S. 3(2) inserted by No. 72/2001 s. 3(Sch. item 4.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 12.2). (2) For the purposes of the definition of domestic partner in subsection (1)— (a) registered relationship has the same meaning as in the Relationships Act 2008; and
(a) another such order comes into force in relation to the person immediately after that expiration; or (b) another such order continues in force in relation to the person. S. 6C inserted by No. 45/2001 s. 5. 6C Persons not regarded to be in the Secretary's legal custody s. 6C (1) Despite section 6A, the following persons are not to be regarded as being in the Secretary's legal custody— (a) a person who is on parole; (b) a person who is serving a combined custody and treatment order and who is in the community under that order; S. 6C(1)(ba) inserted by No. 2/2002 s. 13(1). (ba) a person who is subject to a drug treatment order and who is in the community under that order; 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; s. 6D (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
accordance with an agreement under section 8B(1)(b) except compensation (if any) which is expressly provided for in that agreement. S. 8E inserted by No. 94/1994 s. 7. 8E Rights of access s. 8E S. 8E(1) amended by Nos 45/1996 s. 17(Sch. 1 item 6), 45/2001 s. 25(a)(i)(ii). (1) A contractor or sub-contractor must give the Minister, the Secretary, the Commissioner and any person authorised by the Secretary or the Commissioner free and unfettered access at all times, together with any assistants and equipment that the Minister, the Secretary, the Commissioner or authorised person considers necessary— (a) to any correctional service under the management or control of the contractor or sub-contractor (as the case requires) which is the subject of an agreement under Part 2A; and (b) to all persons detained or employed there; and (c) to all documents in the possession of the contractor or sub-contractor (as the case requires) in relation to any correctional service which is the subject of an agreement under Part 2A— for the purpose of ensuring compliance with the Act or the regulations or an agreement under Part 2A or ensuring that the safe custody and welfare of prisoners and offenders are maintained. s. 8E 50 penalty units. (2) A contractor or sub-contractor must give an administrator appointed under section 8F free and unfettered access at all times, together with any
S. 9B(4) inserted by No. 94/1994 s. 13(2), amended by No. 45/1996 s. 17(Sch. 1 item 11). (4) The Secretary must give a copy of a report under subsection (3) to the Minister if it was sought in relation to a proposed agreement under section 8B(1). S. 9C inserted by No. 11/1993 s. 4(1). 9C Status of staff s. 9C S. 9C(1) amended by No. 45/2001 ss 9, 26. (1) A person authorised under section 9A to exercise all or any of the functions or powers of a Governor, prison officer, disciplinary officer, Regional Manager, community corrections officer or escort officer must, for the purposes of this Act and all other purposes (including the purposes of section 479C of the Crimes Act 1958), be taken to be a Governor, prison officer, disciplinary officer, Regional Manager, community corrections officer or escort officer, as the case requires. (2) Despite subsection (1), a person referred to in that subsection— S. 9C(2)(a) amended by No. 45/2001 ss 9, 26. (a) does not hold the position of Governor, prison officer, disciplinary officer, Regional Manager, community corrections officer or escort officer, as the case requires; and S. 9C(2)(b) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 45.2). (b) is not subject to the Public Administration Act 2004.
S. 9D(1) substituted by No. 46/1998 s. 7(Sch. 1), amended by No. 108/2004 s. 117(1) (Sch. 3 item 45.2). (1) There may be employed under Part 3 of the Public Administration Act 2004 such monitors as are necessary for the purposes of this Part. S. 9D(2) amended by Nos 94/1994 s. 15(1), 45/1996 s. 17(Sch. 1 item 12), substituted by No. 26/1997 s. 15(1), amended by No. 46/1998 s. 7(Sch. 1). (2) Monitors employed in relation to agreements under section 8B(1) or 9(1) are responsible to the Secretary for assessment and review of the provision of services by contractors or under those agreements and have any other functions that may be prescribed or specified by the Secretary. S. 9D(2A) inserted by No. 26/1997 s. 15(1), amended by No. 46/1998 s. 7(Sch. 1). s. 9D (2A) Monitors employed in relation to agreements under section 9AA are responsible to the Chief Commissioner of Police for assessment and review of the provision of services by contractors or sub-contractors under those agreements and have any other functions that may be prescribed or specified by the Chief Commissioner. 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
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— s. 30I (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). 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 member of the police force, the DPP or a person employed in the Office of Public Prosecutions established under the Public Prosecutions Act 1994 if that member or person is investigating an offence;
Division 2—Access to prisons 33 Definitions s. 33 In this Division— S. 33 def. of independent prison visitor inserted by No. 10/2013 s. 13(b). independent prison visitor means an independent prison visitor appointed under this Division; S. 33 def. of official visitor repealed by No. 10/2013 s. 13(a). * * * * * S. 33 def. of visitor amended by Nos 45/1996 ss 7(b), 17(Sch. 1 item 25), 82/2012 s. 285(2), 10/2013 s. 13(c). visitor means any of the following persons— (a) a judge of the Supreme Court; (b) a judge of the County Court; (c) a magistrate; * * * * * (e) an independent prison visitor; (f) an Ombudsman officer (within the meaning of the Ombudsman Act 1973); (g) a person authorized to visit a prison by the Minister, the Secretary or a Governor; (h) a person who visits a prison under section 37; (i) a lawyer; (j) a person authorized by a lawyer to act on the lawyer's behalf; (k) a member of the police force;
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). (2) If the letter is to, or from, a lawyer, the Health Services Commissioner or the Human Rights Commissioner or any person authorised to act on behalf of either of those Commissioners, the Governor— S. 47B(2)(a) amended by No. 18/2005 s. 18(Sch. 1 item 22.3). (a) may hold the letter and notify the prisoner and the lawyer, or the relevant Commissioner, of his or her suspicions; and (b) may open and inspect the letter— S. 47B(2)(b)(i) amended by No. 18/2005 s. 18(Sch. 1 item 22.3). (i) in the presence of the prisoner and a representative of the lawyer or relevant Commissioner; or s. 47B S. 47B(2)(b)(ii) amended by No. 18/2005 s. 18(Sch. 1 item 22.3). (ii) in accordance with any alternative arrangement agreed with the lawyer or relevant Commissioner— but must not read or censor the letter. S. 47B(3) amended by No. 18/2005 s. 18(Sch. 1 item 22.3). (3) If the Governor has not received a response from the relevant Commissioner or lawyer within 7 days after notice is given under subsection (2), the Governor may require the prisoner to open the letter to enable the Governor to inspect it.
S. 47I inserted by No. 97/2004 s. 4. 47I Approval by Secretary s. 47I (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. S. 47K inserted by No. 97/2004 s. 4. 47K Registration of change of name The Victorian Registrar must not register a change of name under the Births, Deaths and Marriages Registration Act 1996 if—
and until the Secretary notifies the Governor that the request has been refused. 53 Governor's hearing S. 53(1) substituted by No. 16/1991 s. 13(1). (1) If a charge is to be heard by the Governor of the prison or by another Governor, the Governor of the prison must— (a) not less than 72 hours before the hearing; or (b) if the Governor and prisoner agree to a shorter period, within that shorter period; or S. 53(1)(c) amended by No. 45/1996 s. 17(Sch. 1 item 35). (c) if the prisoner is due to be discharged from prison within 7 days of the alleged prison offence occurring or if, in the opinion of the Secretary, a period of notice shorter than 72 hours is necessary for the security or good order of the prison, within the period determined by the Secretary— give notice to the prisoner of the time, date and place of the hearing. (2) At a hearing a Governor must allow the prisoner reasonable opportunity to call relevant witnesses and cross examine the person conducting the case against the prisoner and witnesses called by that person. S. 53(3) amended by No. 16/1991 s. 13(2). (3) At a Governor's hearing the prisoner, if he or she attends the hearing may be represented by another prisoner if the Governor approves. s. 53 S. 53(3A) inserted by No. 16/1991 s. 13(3). (3A) If a prisoner, having been given notice under subsection (1) of the time, date and place of the hearing, refuses or fails to attend the hearing, the Governor by whom the charge is to be heard may proceed to hear and determine the charge in the prisoner's absence. (4) If at a Governor's hearing the Governor finds that the prisoner is guilty of the prison offence or the prisoner admits the truth of the charge, the
(c) steps have been taken to have an alleged prison offence dealt with under the criminal law— the Secretary may withdraw one or more of the prisoner's privileges for such period as the Secretary thinks fit. S. 54A(2) amended by No. 45/1996 s. 17(Sch. 1 item 36). (2) The Secretary may only withdraw a prisoner's privileges under subsection (1) if he or she is satisfied that it is necessary to do so in the interests of the management, good order and security of the prison concerned. s. 54A (3) The withdrawal of privileges under subsection (1) does not affect the imposition of any other penalties under this Part or under the criminal law in respect of the prison offence. _______________ Pt 8 (Heading) amended by No. 44/1991 s. 6(g). Division 1—Definitions 55 Definitions s. 55 (1) In this Part— S. 55(1) def. of approved programme repealed by No. 45/1996 s. 15. * * * * * Board means the parole board established under this Part;
(4) The chairperson may select 3 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. (8) A question is not to be decided at a meeting of the DSO division unless the chairperson, or acting chairperson, and 2 other members of the division are present. Note Section 6 of the Serious Sex Offenders (Detention and Supervision) Act 2009 provides that the DSO division is to exercise the powers and carry out the functions of the Adult Parole Board under that Act. S. 65 amended by Nos 16/1991 s. 16(6), 10/2013 s. 26. 65 Chairperson s. 64A The chairperson or, in the chairperson's absence a member appointed under section 61(2)(a), (ab), (b) or (c) chosen in accordance with the procedure determined by the chairperson is to preside at meetings of the Board, except where the Board meets as a division of the Board. 66 Meetings S. 66(1) amended by No. 91/2009 s. 208(1). s. 66 (1) Subject to section 64A, the Board must meet at such times and places as are fixed by the regulations and at such other times and places as are fixed by the chairperson or acting chairperson.
S. 69(1)(b) substituted by No. 48/2006 s. 42(Sch. item 8.4). (b) Part 5.6 of the Children, Youth and Families Act 2005 and regulations made under that Part; and S. 69(1)(c) amended by No. 30/2010 s. 53(1). (c) Subdivision (1A) of Division 2 of Part 3 of the Sentencing Act 1991 and the regulations made under that Subdivision. S. 69(1)(d) repealed by No. 30/2010 s. 53(2). * * * * * (2) In exercising its functions, the Board is not bound by the rules of natural justice. S. 69(3) substituted by No. 81/2005 s. 6. (3) A member of the Board is not personally liable for anything done or omitted to be done in good faith— (a) in relation to any function referred to in subsection (1), or in exercising any power in relation to such a function; or s. 69 (b) in the reasonable belief that the act or omission related to the function, or was in the exercise of the power. S. 69(4) inserted by No. 81/2005 s. 6. (4) Any liability resulting from an act or omission that would, but for subsection (3), attach to the member of the Board attaches instead to the Board. S. 69(5) inserted by No. 81/2005 s. 6. (5) Subsections (3) and (4) are deemed to apply in respect of anything done, or not done, in good faith before the commencement of section 6 of the Prisoners (Interstate Transfer) (Amendment) Act 2005 by a member, or former member, of the Board, in his or her capacity as a member of the Board, in respect of any of his or her functions under—
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 s. 79 In this Division— change of name application means an application by or on behalf of a prisoner on parole for registration of a change of the prisoner's name; prisoner on parole means a prisoner released on parole that is not subsequently cancelled or deemed to have been cancelled; Victorian Registrar means Registrar of Births, Deaths and Marriages under the Births, Deaths and Marriages Registration Act 1996. S. 79B inserted by No. 49/2006 s. 7. 79B Applications for change of name by or on behalf of a prisoner on parole (1) In this section, Registrar means— (a) the Victorian Registrar; or
a copy of the original warrant, including a copy transmitted by facsimile machine. S. 79J inserted by No. 49/2006 s. 7. 79J Recall and cancellation of warrants S. 79J(1) amended by No. 15/2013 s. 6(b). (1) A warrant issued under section 60M(10), 60R(2)(b) or 77B(1)(a) by the Board may be recalled and cancelled by the Board. S. 79J(2) amended by No. 15/2013 s. 6(c). (2) A warrant issued under section 77B(1)(b) by a magistrate may be recalled and cancelled by that magistrate or any other magistrate. (3) If a warrant has been recalled and cancelled, a fresh warrant may be issued for the same purpose as that for which the recalled warrant was issued. S. 79K inserted by No. 49/2006 s. 7. 79K Duplicate warrants s. 79I S. 79K(1) amended by No. 15/2013 s. 6(b)(c). (1) If a warrant issued under section 60M(10), 60R(2)(b) or 77B(1)(a) by the Board or a warrant issued under section 77B(1)(b) by a magistrate is lost or destroyed before it is executed, the Board or a magistrate, as the case may be, may issue a duplicate warrant if satisfied by evidence on oath or by affidavit of the loss or destruction of the original warrant. (2) A duplicate warrant must bear on its face the word "Duplicate" and may be executed in all respects as if it were the original warrant. (3) When a duplicate warrant is issued, the original warrant becomes null and void and must, if located, be returned— (a) in the case of a warrant issued by the Board, to the Secretary of the Board; s. 79K
(2) An officer may give to the person all necessary directions to ensure the taking of accurate photographs. S. 104K(3) substituted by No. 91/2009 s. 216. (3) Any direction given under subsection (2) is deemed to be— (a) in the case of a person who is subject to an extended supervision order or interim extended supervision order under the Serious Sex Offenders Monitoring Act 2005, a lawful direction of the Secretary under section 16(1) of that Act for the purposes of section 15(3) of that Act; or (b) in the case of a person who is subject to a supervision order or interim supervision order under the Serious Sex Offenders (Detention and Supervision) Act 2009, a lawful direction of the Adult Parole Board given under section 119 of that Act. Division 3—Provisions applying to monitored people receiving visits from officers S. 104L inserted by No. 81/2005 s. 9, substituted by No. 91/2009 s. 217. 104L Application of this Division s. 104L (1) This Division applies if a relevant person or body instructs or directs a monitored person to receive visits from an officer for the purposes of that Act. (2) In this section, relevant person or body means— (a) in the case of a person who is subject to an extended supervision order or interim extended supervision order under the Serious Sex Offenders Monitoring Act 2005, the Secretary, acting under section 16(1) of the Serious Sex Offenders Monitoring Act 2005; or
60 penalty units. S. 104ZN inserted by No. 50/2008 s. 3. 104ZN Annual report The Secretary must provide an annual written report on the operation of this Part to the Minister and the Attorney-General. __________________ Pt 9D (Heading and ss inserted by No. 55/2009 s. 4. S. 104ZO inserted by No. 55/2009 s. 4. 104ZO Definition s. 104ZO In this Part, Authority means the Victorian WorkCover Authority established under the Accident Compensation Act 1985. S. 104ZP inserted by No. 55/2009 s. 4. 104ZP Application of Part This Part applies to a person who is— (a) an offender who is required or directed by or under a correctional order, a provision of the Sentencing Act 1991, or Part 9 of this Act to work or to take part in a program of activities; or (b) a volunteer who is working in a prison or at a location; or S. 104ZP(c) amended by No. 30/2010 s. 55. (c) a person who is required or directed by or under a diversion program under section 59 of the Criminal Procedure Act 2009 to work or to take part in a program of activities.
S. 104ZQ inserted by No. 55/2009 s. 4. 104ZQ When is compensation payable? Compensation is payable under this Part if a person suffers personal injury (including death) or loss of or damage to property belonging to the person or in the person's possession or control while the person is engaged— (a) in working or taking part in a program of activities referred to in section 104ZP(a) or (c); or (b) if the person is a volunteer, in working in a prison or at a location. S. 104ZR inserted by No. 55/2009 s. 4. 104ZR Compensation for personal injuries s. 104ZR (1) Compensation for personal injury (including death) is to be paid in accordance with and subject to the Accident Compensation Act 1985 to those persons to whom, or for whose benefit, compensation would be payable under that Act if— (a) the injured person were a worker employed by the Crown; and (b) the personal injury had arisen out of or in the course of the employment— within the meaning of that Act. (2) For the purpose of assessing the amount of compensation, the average weekly earnings of the injured person is to be computed on the following basis but so that any relevant maximum limits imposed by the Accident Compensation Act 1985 are not exceeded— (a) by reference to the injured person's employment by any employer or employers during the relevant period before the accident; or
to the owner of the property or any person who has an interest in it. S. 104ZT inserted by No. 55/2009 s. 4. 104ZT Jurisdiction If any question or matter arises under this Part, the County Court and the Magistrates' Court have, under this Act, the same jurisdiction to hear and determine the question or matter as if it were a question or matter arising under the Accident Compensation Act 1985 and that Act applies with the necessary adaptations and modifications. S. 104ZU inserted by No. 55/2009 s. 4. 104ZU Authority to represent Crown In all proceedings under this Part, the Authority represents the Crown and has the same powers, rights and authorities as the Authority has under the Accident Compensation Act 1985 in regard to the corresponding matter relating to a worker under that Act. S. 104ZV inserted by No. 55/2009 s. 4. 104ZV Compensation otherwise payable s. 104ZV If a person is entitled to compensation in respect of personal injury otherwise than in accordance with this Part, there is payable to that person the amount, if any, by which the amount of compensation in respect of the injury determined under this Part exceeds the amount to which the person is entitled. S. 104ZW inserted by No. 55/2009 s. 4. 104ZW Payments (1) The Authority is entitled to the reimbursement of its reasonable costs and expenses incurred in representing the Crown under section 104ZU. (2) The Authority must make any payment of compensation under this Part out of the WorkCover Authority Fund under the Accident Compensation Act 1985.
(c) a document which is not an Act or a subordinate instrument— a reference to "the Director of Children's Welfare", "the Director-General of Social Welfare", "the Director-General of Community Services", "the Director of Probation and Parole", "the Chief Probation Officer" or "the Chief Parole Officer" is— S. 107(d) amended by No. 46/1998 s. 7(Sch. 1). (d) if the matter to which the reference relates is after the commencement of this section or by virtue of the Community Services (Director-General of Corrections) Act 1983 within the responsibilities of the Secretary, deemed to refer to the Secretary; and S. 107(e) inserted by No. 45/1996 s. 17(Sch. 1 item 66(b)). (e) if the matter to which the reference relates is after the commencement of section 17 of the Corrections (Amendment) Act 1996 within the responsibilities of the Secretary, deemed to refer to the Secretary. S. 108 repealed by No. 11/1993 s. 4(4), new s. 108 inserted by No. 45/2001 s. 19. 108 Apprehension of escaped prisoners s. 107 A prison officer or any member of the police force— (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.
unless the Board is satisfied that circumstances exist that justify the continuation of the parole.". __________________ SCHEDULES Sch. 1 Sch. 1 amended by No. 16/1987 s. 4(3)(Sch. 1 item 7(m)), repealed by No. 11/1993 s. 7(1)(g). * * * * * SCHEDULE 2 Sch. 2 S.10. Column 1 Old Name Column 2 New Name Ararat Prison Her Majesty's Prison, Ararat. Her Majesty's Prison, Her Majesty's Prison, . Her Majesty's Prison, Beechworth Her Majesty's Prison, Beechworth. Castlemaine Prison Her Majesty's Prison, Castlemaine. Her Majesty's Prison, Dhurringile Her Majesty's Prison, Dhurringile. Fairlea Female Prison Her Majesty's Prison, Fairlea. Her Majesty's Prison, Her Majesty's Prison, . Reforestation Prison Her Majesty's Prison, . Her Majesty's Prison, Pentridge Her Majesty's Prison, Pentridge. Her Majesty's Metropolitan Reception Prison Her Majesty's Metropolitan Reception Prison. Prison Her Majesty's Prison, . Won Wron Reforestation Prison Her Majesty's Prison, Won Wron.
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 Endnotes Sentencing (Amendment) Act 2002, No. 2/2002 Assent Date: 26.3.02 Commencement Date: Ss 12, 13 on 2.5.02: Government Gazette 2.5.02 p. 789 : This information relates only to the provision/s amending the Corrections Act 1986 Criminal Justice Legislation (Miscellaneous Amendments) Act 2002, No. 35/2002 Assent Date: 18.6.02 Commencement Date: Ss 7–10 on 19.6.02: s. 2(1) : This information relates only to the provision/s amending the Corrections Act 1986 Corrections (Amendment) Act 2003, No. 38/2003 Assent Date: 11.6.03 Commencement Date: 12.6.03: s. 2 : All of Act in operation Corrections and Sentencing Acts (Home Detention) Act 2003, No. 53/2003 Assent Date: 16.6.03 Commencement Date: Ss 11–19 on 1.1.04: s. 2(5); ss 20, 21 never proclaimed, repealed by No. 79/2006 s. 15 : This information relates only to the provision/s amending the Corrections Act 1986 Corrections (Further Amendment) Act 2004, No. 14/2004 Assent Date: 18.5.04 Commencement Date: 30.8.04: s. 2(2) : All of Act in operation Drugs, Poisons and Controlled Substances and Therapeutic Goods () Acts (Amendment) Act 2004, No. 74/2004 Assent Date: 9.11.04 Commencement Date: S. 21 on 10.11.04: s. 2 : This information relates only to the provision/s amending the Corrections Act 1986
Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009 Assent Date: 24.11.09 Commencement Date: S. 54(Sch. Pt 2 item 14) on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Corrections Act 1986 Endnotes Serious Sex Offenders (Detention and Supervision) Act 2009, No. 91/2009 Assent Date: 15.12.09 Commencement Date: Ss 201–218 on 1.1.10: Government Gazette 24.12.09 p. 3397 : This information relates only to the provision/s amending the Corrections Act 1986 Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010 Assent Date: 30.3.10 Commencement Date: S. 51(Sch. item 16) on 1.7.10: s. 2(2) : This information relates only to the provision/s amending the Corrections Act 1986 Health and Human Services Legislation Amendment Act 2010, No. 29/2010 Assent Date: 8.6.10 Commencement Date: S. 52 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1 : This information relates only to the provision/s amending the Corrections Act 1986 Justice Legislation Amendment Act 2010, No. 30/2010 Assent Date: 8.6.10 Commencement Date: Ss 45–55 on 1.1.11: Government Gazette 28.10.10 p. 2583 : This information relates only to the provision/s amending the Corrections Act 1986 Personal Safety Intervention Orders Act 2010, No. 53/2010 Assent Date: 7.9.10 Commencement Date: S. 222 on 1.12.10: Government Gazette 14.10.10 p. 2405; s. 221(Sch. item 3) on 5.9.11: Special Gazette (No. 271) 23.8.11 p. 1 : This information relates only to the provision/s amending the Corrections Act 1986 Justice Legislation Further Amendment Act 2010, No. 64/2010 Assent Date: 28.9.10 Commencement Date: S. 15 on 28.10.10: Government Gazette 28.10.10 p. 2583 : This information relates only to the provision/s amending the Corrections Act 1986