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), 47/2014 s. 255, 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 Fines Reform Act 2014; (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 of repealed by No. 45/1996 s. 17(Sch. 1 item 1(b)). * * * * * S. 3(1) def. of domestic partner inserted by No. 72/2001 s. 3(Sch. item 4.1), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 12.1). domestic partner of a person means— (a) a person who is in a registered relationship with the person; or (b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender); S. 3(1) def. of drug of dependence inserted by No. 59/2015 s. 8. drug of dependence has the same meaning as in the Drugs, Poisons and Controlled Substances Act 1981; S. 3(1) def. of escort officer inserted by No. 45/2001 s. 3(2). escort officer means— (a) a prison officer; or (b) an escort officer employed under Part 4; S. 3(1) def. of family violence intervention order inserted by No. 30/2010 s. 45(b). family violence intervention order means— (a) a family violence intervention order within the meaning of section 11 of the Family Violence Protection Act 2008; or (b) one of the following orders made under the Crimes (Family Violence) Act 1987 as in force immediately before its repeal— (i) an intervention order made on grounds referred to in section 4 or 4A of that Act;
S. 3(1) def. of police custody transfer order inserted by No. 10/2013 s. 4(2). police custody transfer order means a police custody transfer order made under section 56D; police gaol means a police gaol under Part 3; S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 32.1). police officer means— (a) except in section 47E, a police officer within the meaning of the Victoria Police Act 2013; and (b) in section 47E, a police officer (within the meaning of Part 5.3 of the Criminal Code of the Commonwealth); position means office; S. 3(1) def. of Post Sentence Authority inserted by No. 57/2017 s. 45(1), substituted by No. 27/2018 s. 355(1)(a). Post Sentence Authority means the Post Sentence Authority continued in existence under section 290 of the Serious Offenders Act 2018; S. 3(1) def. of principal medical officer amended by No. 46/1998 s. 7(Sch. 1). principal medical officer means a principal medical officer employed under Part 4; S. 3(1) def. of prison amended by No. 45/1996 s. 4(d). prison means a prison under Part 3 and includes a prison industry site;
S. 3(1) def. of prisoner amended by No. 45/1996 s. 17(Sch. 1 item 1(d)), substituted by No. 45/2001 s. 3(1). prisoner means a person who under Part 1A is deemed to be in the legal custody of the Secretary; S. 3(1) def. of prison industry site inserted by No. 45/1996 s. 4(e). prison industry site means a place appointed as a prison industry site under section 84F; prison officer means a prison officer employed under Part 4; S. 3(1) def. of protective services officer inserted by No. 45/2017 s. 12. protective services officer has the same meaning as in the Victoria Police Act 2013; S. 3(1) def. of recognised DVO inserted by No. 53/2016 s. 94. recognised DVO means a recognised DVO within the meaning of the National Domestic Violence Order Scheme Act 2016; Regional Manager means a Regional Manager appointed under Part 4; S. 3(1) def. of registered medical practitioner inserted by No. 13/2010 s. 51(Sch. item 16.1). registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); S. 3(1) def. of relative inserted by No. 72/2001 s. 3(Sch. item 4.1). relative of a prisoner means— (a) a partner of the prisoner; (b) a parent or grandparent of the prisoner or of a partner of the prisoner;
person to or from a prison or the return of a person to a prison; or S. 6(ca) inserted by No. 5/2006 s. 14(1). (ca) a preventative detention order within the meaning of the Terrorism (Community Protection) Act 2003 or an order for a person's detention made under a corresponding preventative detention law within the meaning of that Act; or S. 6(d) amended by Nos 49/2006 s. 4, 91/2009 s. 201(1). (d) an order issued under an interstate law of a participating State within the meaning of the Prisoners (Interstate Transfer) Act 1983 that corresponds with an order of transfer under that Act or a transfer order made under the Transfer of Prisoners Act 1983 of the Commonwealth or an order made under section 31 of that Act that provides for the transfer of a person from another State or a Territory to Victoria; or S. 6(e) inserted by No. 91/2009 s. 201(2), amended by No. 27/2018 s. 355(3). (e) a detention order or interim detention order within the meaning of the Serious Offenders Act 2018; or S. 6(f) inserted by No. 27/2018 s. 355(4). (f) an emergency detention order within the meaning of the Serious Offenders Act 2018. S. 6A inserted by No. 45/2001 s. 5. 6A When is a person in the legal custody of the Secretary? (1) A person is deemed to enter the legal custody of the Secretary when— (a) an order of imprisonment is made in relation to the person; and (b) either of the following events occurs—
(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— (a) an order of imprisonment is made in relation to the person, or an order is made by a court requiring the person to be held in police custody, or there is other lawful authority to detain the person in a police gaol; and (b) either of the following events occurs— S. 6D(1)(b)(i) amended by No. 37/2014 s. 10(Sch. item 32.2). (i) a police officer or a person acting under lawful authority on behalf of the Chief Commissioner takes physical custody of the person; or (ii) a person at a police gaol acting under lawful authority on behalf of the Chief Commissioner receives the person into the police gaol. S. 6D(1A) inserted by No. 5/2006 s. 14(5). (1A) Subsection (1) applies each time when— S. 6D(1A)(a) amended by No. 41/2015 s. 39. (a) a person who has ceased to be in the legal custody of the Chief Commissioner of Police by force of section 6E(1)(ca) is again taken into custody and detained under the order referred to in that section; and
S. 8(1) amended by Nos 45/1996 s. 17(Sch. 1 item 4(a)(b)), 46/1998 s. 7(Sch. 1), 41/2015 s. 36. (1) The Secretary may, by instrument, delegate to the Commissioner or to any other employee of the Department or to any officer within the meaning of Part 5 or Part 9 any function, power, duty or responsibility of the Secretary— S. 8(1)(a) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 45.2). (a) under this Act or the regulations or under any other Act other than the Public Administration Act 2004; or S. 8(1)(ab) inserted by No. 45/2001 s. 24, amended by No. 108/2004 s. 117(1) (Sch. 3 item 45.2). (ab) under regulations made under any Act other than the Public Administration Act 2004; or (b) under an agreement under Part 2A— except this power of delegation and the Secretary's powers under section 54A. S. 8(2) amended by No. 45/1996 s. 17(Sch. 1 item 4(a)). (2) The Secretary may under subsection (1) delegate a function, power, duty or responsibility to a person or class of persons. S. 8A inserted by No. 94/1994 s. 6. 8A Commissioner
S. 8C inserted by No. 94/1994 s. 7. 8C Matters to be included in agreement (1) An agreement under section 8B(1)(a) must provide for— (a) compliance by the contractor with all relevant provisions of this Act or the regulations or of any other Act or instrument of a legislative character; (b) objectives and performance standards in relation to the provision of services; (c) the fees, costs and charges to be paid to the contractor; (d) the submission of periodic reports in relation to the contractor's operations under the agreement; (e) an indemnity by the contractor in favour of the Crown and the Minister; (f) the office the holder of which is to be the principal officer for the purposes of the application of the Freedom of Information Act 1982 to the contractor; (g) the office the holder of which is to be the principal officer for the purposes of the application of the Ombudsman Act 1973 to the contractor; (h) any other matter that may be prescribed. (2) An agreement under section 8B(1) may contain— (a) a provision leaving any matter to be determined, approved or dispensed with by a specified person or body;
S. 9D(2) amended by Nos 94/1994 s. 15(1), 45/1996 s. 17(Sch. 1 item 12), substituted by No. 26/1997 s. 15(1), amended by No. 46/1998 s. 7(Sch. 1). (2) Monitors employed in relation to agreements under section 8B(1) or 9(1) are responsible to the Secretary for assessment and review of the provision of services by contractors or subcontractors under those agreements and have any other functions that may be prescribed or specified by the Secretary. S. 9D(2A) inserted by No. 26/1997 s. 15(1), amended by No. 46/1998 s. 7(Sch. 1). (2A) Monitors employed in relation to agreements under section 9AA are responsible to the Chief Commissioner of Police for assessment and review of the provision of services by contractors or sub-contractors under those agreements and have any other functions that may be prescribed or specified by the Chief Commissioner. S. 9D(3) amended by No. 45/1996 s. 17(Sch. 1 item 12), substituted by No. 26/1997 s. 15(1). (3) A monitor referred to in subsection (2) must make an annual report in writing to the Secretary on his or her operations. That report is to form part of the Department's annual report under the Financial Management Act 1994. S. 9D(3A) inserted by No. 26/1997 s. 15(1). (3A) A monitor referred to in subsection (2A) must make an annual report in writing to the Chief Commissioner of Police on his or her operations. That report is to form part of the Chief Commissioner's annual report under the Financial Management Act 1994. S. 9D(4) amended by No. 94/1994 s. 15(2)(a). (4) A contractor or sub-contractor must give a monitor free and unfettered access at all times— S. 9D(4)(a) amended by Nos 94/1994 s. 15(2)(b)(c), 26/1997 s. 15(2). (a) to all premises, places or vehicles under the management or control of the contractor or sub-contractor (as the case requires) in accordance with, or for the purposes of, an
S. 12(1) amended by Nos 46/1998 s. 7(Sch. 1), 45/2001 s. 13, 108/2004 s. 117(1) (Sch. 3 item 45.4), 41/2015 s. 12(1), 32/2016 s. 46(1), 64/2017 s. 4(1). (1) There may be employed under Part 3 of the Public Administration Act 2004 a secretary to the Adult Parole Board and such Governors, prison officers, escort officers, principal medical officers, medical officers, Regional Managers, community corrections officers, parole officers, security officers and other officers and employees as are necessary for the purposes of this Act. S. 12(2) amended by No. 16/1987 s. 4(3)(Sch. 1 item 7(c)), repealed by No. 46/1998 s. 7(Sch. 1), new s. 12(2) inserted by No. 41/2015 s. 12(2). (2) A parole officer referred to in subsection (1) has all the powers, functions and duties of a community corrections officer. S. 12(3) amended by No. 16/1987 s. 4(3)(Sch. 1 item 7(c)), repealed by No. 46/1998 s. 7(Sch. 1), new s. 12(3) inserted by No. 41/2015 s. 12(2). (3) A reference to a community corrections officer in this Act or any other Act, or any regulations made under this or any other Act, or any rules made by a court is taken to include a reference to a parole officer. S. 12(4) repealed by No. 46/1998 s. 7(Sch. 1), new s. 12(4) inserted by No. 32/2016 s. 46(2). (4) A prison officer, a prison officer in a class of prison officers or a class of prison officers may also be appointed under subsection (1) as a community corrections officer or as community corrections officers, as the case requires.
(3) An authority under subsection (1) may be given subject to such conditions and limitations as are stated in the authority. 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.
(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), repealed by No. 27/2018 s. 355(10)(d). * * * * * S. 30A(1) def. of supervision order inserted by No. 91/2009 s. 202(1)(a), substituted by No. 27/2018 s. 355(10)(e). supervision order means a supervision order or an interim supervision order within the meaning of the Serious Offenders Act 2018; S. 30A(1) def. of victim amended by Nos 49/2006 s. 5(1)(a)(b), 52/2008 s. 238, 91/2009 s. 202(1)(c), 30/2010 s. 46, 41/2015 s. 23(2), 53/2016 s. 95, 27/2018 s. 355(10)(f). victim means— (a) a person who has had a criminal act of violence committed against him or her; (b) a family member of a person who has died as a direct result of a criminal act of violence committed against that person; (c) a family member of a person who— (i) has had a criminal act of violence committed against that person; and law,
S. 30C(3)(a) amended by Nos 49/2006 s. 5(7)(a), 52/2008 s. 239. (a) is not a victim within the meaning of paragraph (d) of the definition of victim in section 30A(1) but can demonstrate, to the satisfaction of the Secretary, a documented history of family violence (within the meaning of the Family Violence Protection Act 2008) being committed by— S. 30C(3)(a)(i) inserted by No. 49/2006 s. 5(7)(a). (i) a prisoner; or 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), substituted by No. 27/2018 s. 355(14)(a). (ii) an offender who is or was subject to a supervision order, a detention order or an emergency detention order, or an application for a supervision order, a detention order or an emergency 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), substituted by No. 27/2018 s. 355(14)(b). (c) can demonstrate, to the satisfaction of the Secretary, a substantial connection to an offence referred to in Schedule 1 or 2 to the Serious Offenders Act 2018 for which the offender is or was subject to a supervision order, a detention order or an emergency detention order, or an application for a supervision order, a detention order or an emergency detention order.
(3) With the Governor's permission, a person authorized by a lawyer to act on the lawyer's behalf in connection with the lawyer's practice may enter a prison and visit a prisoner. 41 Visits by the police S. 41(1) amended by No. 37/2014 s. 10(Sch. item 32.7). (1) A police officer may at the times fixed by the regulations enter a prison and visit a prisoner. S. 41(2) amended by Nos 45/1996 s. 17(Sch. 1 item 28), 37/2014 s. 10(Sch. item 32.7). (2) As well as visits authorized by subsection (1), a police officer may with the permission of the Secretary or the Governor enter a prison and visit a prisoner at any time stated in the permission. S. 41(3) amended by No. 37/2014 s. 10(Sch. item 32.7). (3) A prisoner may refuse a visit from a police officer under this section. S. 41(4) amended by No. 37/2014 s. 10(Sch. item 32.7). (4) A prisoner is not required to answer questions asked by a police officer during a visit authorized by this section. S. 41(5) amended by No. 37/2014 s. 10(Sch. item 32.7). (5) A prisoner may request a prison officer to be present at, or to observe but not hear, any part of an interview between the prisoner and a police officer visiting the prison. S. 41(6) inserted by No. 86/2000 s. 8(3), amended by Nos 72/2013 s. 19, 37/2014 s. 10(Sch. item 32.7). (6) Nothing in this section applies to any questioning or investigation by a police officer in accordance with an order made under section 464B(5), or any questioning conducted by consent under section 464B(11), of the Crimes Act 1958.
(5) A prison officer may, if necessary, use reasonable force to compel a person to obey an order to leave the prison. (6) A prison officer is not liable for injury or damage caused in carrying out searches in accordance with this section. S. 45(6A) inserted by No. 57/2016 s. 7. (6A) A prison officer who uses force in accordance with this section is not liable for injury or damage caused by that use of force. (7) The Governor may at any time make an order terminating a search under this section. S. 45(8) amended by No. 16/1991 s. 15(4). (8) In this section and sections 44 and 46— S. 45(8) def. of metropolitan area amended by Nos 10/2013 s. 16, 31/2017 s. 5(2). metropolitan area means an area within the radius of 15 kilometres of the intersection of Elizabeth Street and Bourke Street, Melbourne; and prison includes a place where prisoners are. 46 Seizure (1) In carrying out searches under sections 44 and 45 a prison officer may seize any one or more of the following— (a) any thing found in the prison, whether in a person's possession or not, which the prison officer believes on reasonable grounds jeopardizes or is likely to jeopardize the security or good order of the prison or the safety of persons in the prison; S. 46(1)(ab) inserted by No. 45/2015 s. 4(1). (ab) any tobacco product or tobacco smoking accessory found on a person or in a person's possession, other than a tobacco product or a
S. 47(1)(m)(x) inserted by No. 41/2015 s. 14(1), substituted by No. 20/2017 s. 134(Sch. 1 item 4.1(a)). (x) the Information Commissioner appointed under section 6C of the Freedom of Information Act 1982; S. 47(1)(m)(xi) inserted by No. 41/2015 s. 14(1). (xi) the Mental Health Complaints Commissioner appointed under section 226 of the Mental Health Act 2014; S. 47(1)(m)(xii) inserted by No. 41/2015 s. 14(1), repealed by No. 20/2017 s. 134(Sch. 1 item 4.1(b)). * * * * * S. 47(1) (m)(xiii) inserted by No. 41/2015 s. 14(1). (xiii) the Victorian Equal Opportunity and Human Rights Commission continued in existence by section 154 of the Equal Opportunity Act 2010; S. 47(1) (m)(xiv) inserted by No. 41/2015 s. 14(1), amended by No. 20/2017 s. 134(Sch. 1 item 4.1(c)). (xiv) any person authorised to act on behalf of a person or body listed in paragraph (iv), (v), (vi), (vii), (viii), (ix), (x), (xi) or (xiii); S. 47(1)(m)(xv) inserted by No. 41/2015 s. 14(1). (xv) a person or body prescribed by the regulations; S. 47(1)(n) amended by No. 16/1991 s. 10(1), substituted by No. 45/2001 s. 32(b). (n) subject to section 47D, the right to send and receive other letters uncensored by prison staff;
(o) the right to take part in educational programmes in the prison. (2) A prisoner's rights under this section are additional to, and do not affect any other rights which a prisoner has under an Act other than this Act or at common law. S. 47(3) inserted by No. 15/1989 s. 29, amended by No. 37/2014 s. 10(Sch. item 32.8), substituted by No. 41/2015 s. 14(2). (3) Subsection (1)(m) does not prevent the opening of letters in accordance with— (a) section 28(3) of the Ombudsman Act 1973; or S. 47(3)(b) amended by No. 38/2017 s. 78. (b) section 54(6) of the Independent Broadbased Anti-corruption Commission Act 2011; or (c) section 92A(6) of the Victorian Inspectorate Act 2011. S. 47(4) inserted by No. 16/1991 s. 10(2), repealed by No. 45/2001 s. 32(c). * * * * * Pt 6 Div. 4A (Heading) inserted by No. 53/2007 s. 16. Division 4A—Letters to and from prisoners S. 47AA inserted by No. 53/2007 s. 16. 47AA Definitions In this Division— family member, in relation to a person, means— (a) a partner of the person; or
S. 47D(1)(ab) inserted by No. 12/2014 s. 6. (ab) in the case of a letter sent by a prisoner to another prisoner or a former prisoner, may be a threat to the good order, management or security of a prison or prisoner; or S. 47D(1)(ac) inserted by No. 12/2014 s. 6. (ac) in the case of a letter sent to a prisoner by another prisoner or a former prisoner, may be a threat to the good order, management or security of a prison or prisoner; or (b) may be of a threatening or harassing nature; or (c) may be being used to further an unlawful activity or purpose; or S. 47D(1)(d) amended by Nos 97/2004 s. 3(3), 53/2007 s. 17. (d) contains indecent, abusive, threatening or offensive written or pictorial matter, or written or pictorial matter that may be regarded by a victim as distressing or traumatic, or an indecent, obscene or offensive article or substance; or S. 47D(1)(e) inserted by No. 97/2004 s. 3(4). (e) contravenes or would contravene section 47H. (2) The Governor may— (a) if the belief concerns the whole letter, stop the letter from being sent or received by the prisoner; or (b) if the belief concerns only part of a letter, cause the relevant part of the letter to be censored. S. 47DA inserted by No. 53/2007 s. 18. 47DA Offence for prisoner to send distressing or traumatic letters A prisoner must not send or cause to be sent, or attempt to send or cause to be sent, a letter to a victim who is not listed in section 47(1)(m) if the prisoner knows, or ought reasonably to know, that
register of offences means the register of prison offences established in accordance with the regulations. S. 49 substituted by No. 16/1991 s. 11(2), amended by No. 45/1996 s. 17(Sch. 1 item 33). 49 Disciplinary officers The Secretary may by instrument nominate— (a) a prison officer to be a disciplinary officer in a prison or in any part of a prison; or (b) officers in a class of prison officers to be disciplinary officers in a prison or in any part of a prison. 50 Prison offences S. 50(1) amended by Nos 16/1991 s. 11(3), 45/2001 s. 34(1). (1) If an officer within the meaning of Part 5 or an escort officer suspects that a prisoner has committed a prison offence the officer must as soon as possible report the fact to the disciplinary officer. S. 50(2) amended by No. 16/1991 s. 11(3). (2) The disciplinary officer must make proper investigation of all alleged prison offences which come to the officer's notice and must give the prisoner alleged to have committed the offence an opportunity of making an explanation. S. 50(3) amended by No. 16/1991 s. 11(3). (3) If after investigating an alleged prison offence the disciplinary officer is satisfied that no offence has been committed the disciplinary officer is to take no further action. S. 50(4) amended by No. 16/1991 s. 11(3). (4) If after investigating an alleged prison offence the disciplinary officer is satisfied that the offence has been committed but is trivial, the disciplinary officer need take no further action.
S. 55I(1) amended by Nos 37/2014 s. 10(Sch. item 32.11(a)), 59/2015 s. 11(2). (1) If an escort officer is authorised to transport a person to or from a prison or police gaol or other place, then, unless the court otherwise determines, a police officer or police custody officer may, at the request of the Secretary, transport the person to or from that place in place of the escort officer, or may assist the escort officer to transport the person. S. 55I(2) amended by Nos 37/2014 s. 10(Sch. item 32.11(a)), 59/2015 s. 11(3). (2) A police officer or police custody officer who is transporting, or assisting in the transport of, a person under this section may do anything in relation to that person that an escort officer transporting the person may do. S. 55I(3) amended by Nos 37/2014 s. 10(Sch. item 32.11(b)), 59/2015 s. 11(4). (3) A person who is being transported only by police officers or police custody officers, or both police officers and police custody officers, under subsection (1) is deemed to be in the legal custody of the Chief Commissioner of Police while being so transported. 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
has all the responsibilities given to or imposed on a security officer under this Division. Pt 8 Div. 2 (Heading and s. 56) amended by Nos 16/1987 s. 4(3)(Sch. 1 item 7(e)), 16/1991 s. 3(2)-(5), 45/1996 s. 17(Sch. 1 item 37(a)(b)), substituted as Pt 8 Div. 2 (Heading and ss 56–56AB) by No. 45/2001 s. 16. Division 2—Transfer of prisoners S. 56 substituted by No. 45/2001 s. 16. 56 Transfers between prisons The Secretary may, by instrument, direct the transfer of a prisoner or a class of prisoner from one prison to another or from one part of a prison to another part of a prison. S. 56AA inserted by No. 45/2001 s. 16. 56AA Transfers to and from police gaols (1) The Secretary may, by instrument, direct the transfer of a prisoner from a prison to a police gaol. (2) The Secretary may, by instrument, authorise the transfer from a police gaol to a prison of a person who is in the legal custody of the Chief Commissioner of Police under Part 1A. S. 56AB (Heading) amended by No. 26/2014 s. 455(Sch. item 6.3). S. 56AB inserted by No. 45/2001 s. 16. 56AB Legal custody of prisoners and detainees transferred to institutions and designated mental health services (1) This section applies if a prisoner in a prison or a person detained in a police gaol is transferred from the prison or police gaol to—
(1) There is established a Board by the name of the Adult Parole Board. S. 61(2) amended by No. 11/1993 s. 7(1)(e). (2) The Board consists of— S. 61(2)(a) substituted by Nos 16/1991 s. 16(1)(a), 62/2013 s. 4(1)(a). (a) such number of Judges of the Supreme Court as are appointed by the Governor in Council on the recommendation of the Chief Justice of the Supreme Court; and; S. 61(2)(ab) inserted by No. 10/2013 s. 22(1). (ab) such number of Associate Judges of the Supreme Court as are appointed by the Governor in Council on the recommendation of the Chief Justice of the Supreme Court; and S. 61(2)(b) substituted by No. 16/1991 s. 16(1)(b), amended by No. 62/2013 s. 4(1)(b). (b) such number of Judges of the County Court as are appointed by the Governor in Council on the recommendation of the Chief Judge of the County Court; and S. 61(2)(c) substituted by No. 16/1991 s. 16(1)(b), amended by No. 62/2013 s. 4(1)(c). (c) such number of Magistrates as are appointed by the Governor in Council on the recommendation of the Chief Magistrate; and S. 61(2)(d) substituted by No. 91/2009 s. 205. (d) one or more persons appointed by the Governor in Council as full-time members; and S. 61(2)(da) inserted by No. 16/1991 s. 16(1)(c), amended by No. 62/2013 s. 4(1)(d). (da) one or more retired Judges of the Supreme Court or the County Court or a superior court or an intermediate court or retired Magistrates, appointed by the Governor in Council; and
(a) the member dies; or (b) the member resigns; or (c) the member's term of office expires. (5) A vacancy in the office of a member may be filled by appointment in accordance with this Division. (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
(4) The Board, by further written notice served on a person, may at any time on its own initiative vary or revoke a notice to produce or notice to attend served on the person. (5) A notice varying or revoking a notice to produce or notice to attend must be served in accordance with section 71C. S. 71C inserted by No. 41/2015 s. 6. 71C Service of notice to produce or notice to attend (1) Subject to subsection (2), a notice to produce or notice to attend, or a notice varying or revoking a notice to produce or notice to attend, must be served at a reasonable time, being not less than 7 days, before the date on which the person is required to attend or otherwise comply with the notice. (2) The Board may serve a notice to attend requiring immediate attendance by a person if— (a) the Board considers on reasonable grounds that a delay in the person's attendance is likely to result in— (i) evidence being lost or destroyed; or (ii) the commission of an offence, the continuation of a commission of an offence or an attempt to commit an offence; or (iii) the person on whom the notice is served absconding or otherwise evading attendance; or (iv) serious prejudice to the conduct of the meeting to which the notice relates; or
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
(a) who, at the time the murder of that police officer occurred, was performing any duty or exercising any power of a police officer; or (b) the murder of whom arose from or was connected with the police officer's role as a police officer, whether or not the police officer was performing any duty or exercising any power of a police officer at the time of the murder. (9) The Charter of Human Rights and Responsibilities Act 2006 has no application to this section. (10) Without limiting subsection (9), section 31(7) of the Charter of Human Rights and Responsibilities Act 2006 does not apply to this section. S. 74AA inserted by No. 18/2014 s. 3. 74AA Conditions for making a parole order for Julian Knight (1) The Board must not make a parole order under section 74 in respect of the prisoner Julian Knight unless an application for the order is made to the Board by or on behalf of the prisoner. S. 74AA(2) amended by No. 41/2015 s. 19. (2) The application must be lodged with the secretary of the Board. (3) After considering the application, the Board may make an order under section 74 in respect of the prisoner Julian Knight if, and only if, the Board— S. 74AA(3)(a) amended by No. 41/2015 s. 36. (a) is satisfied (on the basis of a report prepared by the Secretary to the Department) that the prisoner— (i) is in imminent danger of dying, or is seriously incapacitated, and as a result he no longer has the physical ability to do harm to any person; and
sentence for which the prisoner was released on parole. S. 79 amended by Nos 57/1989 s. 3(Sch. item 35.4), 45/1996 s. 17(Sch. 1 item 49(a)(b)), repealed by No. 65/1997 s. 81(c). * * * * * Pt 8 Div. 5A (Heading and ss 78F–78T) inserted by No. 57/2016 s. 8. Division 5A—Safety powers that may be exercised in supervision of prisoners on parole S. 78F inserted by No. 57/2016 s. 8. 78F Definitions for Division 5A In this Division— S. 78F def. of specified officer amended by No. 27/2018 s. 355(17). specified officer has the same meaning as in the Serious Offenders Act 2018; supervision of a prisoner on parole means any function that may be performed by a community corrections officer when engaged in the supervision of the prisoner and includes— (a) conducting visits and interviews of the prisoner; and (b) arranging assessments of the prisoner for treatments, programs and training; and
(c) giving directions in respect of unpaid work. S. 78G inserted by No. 57/2016 s. 8. 78G When may the powers under this Division be exercised? (1) Subject to subsection (3), a specified officer may exercise powers under this Division in relation to a prisoner on parole if authorised to do so by the Commissioner. (2) The Commissioner may authorise a specified officer to exercise powers under this Division if the Commissioner believes on reasonable grounds that the supervision of the prisoner on parole would otherwise pose a high risk of violence or other threat to the safety of any person engaged in that supervision or to any other person. (3) A specified officer may exercise powers under this Division— (a) when engaged in the supervision of the prisoner on parole or assisting in that supervision; and (b) in accordance with any direction given by the Commissioner. S. 78G(4) amended by No. 27/2018 s. 355(18). (4) The powers that may be exercised by a specified officer under this Division are in addition to any powers the specified officer may exercise under this Act or the Serious Offenders Act 2018. S. 78H inserted by No. 57/2016 s. 8. 78H General powers (1) A specified officer may— (a) direct a prisoner on parole to do or not do anything that the specified officer believes on reasonable grounds is necessary for the safety of any person; and
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 Nos 15/2013 s. 6(b), 57/2016 s. 9. (1) A warrant issued under section 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. 79K(1) amended by Nos 15/2013 s. 6(b)(c), 57/2016 s. 9. (1) If a warrant issued under section 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—
corresponding Director in relation to a participating State, means the officer responsible for the administration of prisons in that State; interstate law means a law that under an Order in force under section 81 is declared to be an interstate law for the purposes of this Part; participating State means any State in which an interstate law is in force; S. 80 def. of permit amended by No. 2/2005 s. 8(4). permit means a custodial interstate community permit issued under this Part; State includes the and the . New s. 81 inserted by No. 94/1994 s. 22, substituted by No. 38/2003 s. 5. 81 Interstate laws The Governor in Council may, by Order published in the Government Gazette, declare that a law of a State other than is an interstate law for the purposes of this Part. S. 82 (Heading) inserted by No. 2/2005 s. 8(5)(a). New s. 82 inserted by No. 94/1994 s. 22, amended by Nos 45/1996 s. 17(Sch. 1 item 50), 2/2005 s. 8(5)(b). 82 Custodial interstate community permit The Secretary may issue a custodial interstate community permit to a prisoner for leave to travel to a participating State— (a) to visit a person with whom the prisoner has had a long standing personal relationship if that person is seriously ill or in acute personal need; or (b) to attend the funeral of a person with whom the prisoner had a long standing personal relationship; or S. 82(c) amended by No. 38/2003 s. 6. (c) for any other compassionate purpose (including, in the case of an Aboriginal prisoner, to enable the prisoner to be present at an occasion of special significance to the prisoner's immediate or extended family).
New s. 83 inserted by No. 94/1994 s. 22. 83 Effect of permit (1) A permit issued to a prisoner— S. 83(1)(a) amended by Nos 45/2001 s. 18(a), 38/2003 s. 7(a). (a) authorises the prisoner to be absent from the prison for the purpose and for the period stated in the permit; and S. 83(1)(b) amended by Nos 45/2001 s. 18(a), 38/2003 s. 7(b). (b) if the Secretary requires the prisoner to be escorted while absent from the prison, authorises the escort officer appointed to escort the prisoner to take and keep physical custody of the prisoner for the purpose of escorting the prisoner to the participating State (whether or not across another State) and within the participating State for the purpose set out in the permit and returning the prisoner to the prison from which leave of absence was given; and (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 S. 84(1) amended by No. 45/1996 s. 17(Sch. 1 item 52). (1) The Secretary may before the prisoner is allowed to be absent from the prison under a permit or at any time during the period of the permit— (a) vary or revoke any condition of the permit or impose any additional condition; or (b) subject to section 83(2), vary the period of the permit; or (c) revoke the permit. (2) The revocation of a permit or the varying or revocation of a condition or the varying of the period of the permit or the imposing of an additional condition under this section takes effect immediately. S. 84A inserted by No. 94/1994 s. 22. 84A Breach of permit A prisoner who fails without reasonable excuse to comply with any conditions of a permit is guilty of an offence and liable to imprisonment for a term of not more than 3 years. S. 84B inserted by No. 94/1994 s. 22. 84B Notice to participating State and transit States S. 84B(1) amended by No. 45/1996 s. 17(Sch. 1 item 53). (1) The Secretary must give notice in writing to the corresponding Director and the chief officer of police of a participating State of the issue of a
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) substituted by No. 59/2015 s. 12. Pt 9A (Heading and ss inserted by No. 45/1996 s. 11.
so in the manner for the time being determined by the Chief Commissioner. S. 104AH(3) inserted by No. 45/2017 s. 36(4). (3) The officer in charge of a police gaol may overturn a decision of a police custody officer supervisor under subsection (1A) and decide the matter. Pt 9A Div. 3 (Heading) inserted by No. 59/2015 s. 17. Division 3—Search and seizure powers in police gaols S. 104B inserted by No. 45/1996 s. 11. 104B Formal searches in police gaols S. 104B(1) substituted by No. 59/2015 s. 18(1). (1) A person who wishes to enter or remain in a police gaol as a visitor must submit to a formal search if asked to do so by a police officer or police custody officer. (2) In this section formal search means a search to detect the presence of drugs, weapons or metal articles carried out by an electronic or mechanical device. S. 104B(3) amended by No. 59/2015 s. 18(2). (3) If, when asked under subsection (1), a person does not submit to a formal search, a police officer or police custody officer may prohibit the person from entering the police gaol or if the person is in the police gaol, order the person to leave the police gaol immediately.
S. 104C inserted by No. 45/1996 s. 11. 104C Search powers S. 104C(1) amended by No. 59/2015 s. 19(1), substituted by No. 45/2017 s. 37(1). (1) For the good order or security of a police gaol or detained persons— (a) the officer in charge of the police gaol may, at any time— (i) exercise any of the powers under subsection (1A) or (1B); or (ii) order a police custody officer supervisor to exercise any of the powers under subsection (1A) or (1B); or (iii) order a police officer or a police custody officer to exercise any of the powers under subsection (1A) or (1B); or (b) a police custody officer supervisor may, at any time— (i) exercise any of the powers under subsection (1A); or (ii) order a police custody officer to exercise any of the powers under subsection (1A). S. 104C(1A) inserted by No. 45/2017 s. 37(1). (1A) In conducting a search under subsection (1), the officer in charge of a police gaol, a police custody officer supervisor, a police officer or a police custody officer may— (a) search any part of the police gaol; or (b) search and examine any charged person, a visitor to the police gaol, a police custody officer or any other person in the police gaol (other than a police officer); or
S. 104N(1) amended by Nos 91/2009 s. 218(1), 41/2015 s. 34(1), 27/2018 s. 355(25). (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 Offenders Act 2018 concerning monitored people to whom this Part applies. S. 104N(2) amended by Nos 91/2009 s. 218(2), 41/2015 s. 34(2), 27/2018 s. 355(25). (2) The Regional Manager of a region must give all necessary directions to ensure that officers working in, or assigned to, the region comply with this Act, the regulations and the Serious Offenders Act 2018 in relation to the monitored people to whom this Part applies. (3) In this section, region means an area, or several areas, designated under Part 9 as a region. Pt 9C (Headings and ss inserted by No. 50/2008 s. 3. Division 1—Introductory S. 104O inserted by No. 50/2008 s. 3. 104O Definitions In this Part— agreement includes compromise and acceptance of an offer of compromise; award of damages means damages— (a) awarded pursuant to a judgment of a court; or (b) paid or payable in accordance with an agreement between the parties to the agreement; civil wrong means an act or omission of the State—
S. 104ZY(1)(b)(ii) repealed by No. 31/2017 s. 11(1). * * * * * (iii) the administration or enforcement of an order of a court or tribunal. (2) A relevant person may also use or disclose personal or confidential information in the following circumstances— S. 104ZY(2)(a) substituted by No. 32/2016 s. 48(1). (a) if the relevant person believes on reasonable grounds that the use or disclosure is necessary— S. 104ZY(2)(a)(i) amended by Nos 31/2017 s. 11(2)(a), 32/2018 s. 115(1). (i) to reduce the risk of a person committing a violent offence, a sexual offence or a terrorism or foreign incursion offence; or (ii) to lessen or prevent a threat to the life, health, safety or welfare of any person; (b) with the authorisation, or at the request, of the person to whom the information relates; (c) if the use or disclosure is authorised by the Minister; S. 104ZY(2)(d) amended by No. 31/2017 s. 11(2)(b). (d) if the use or disclosure is to the Ombudsman or the Ombudsman's officers; S. 104ZY(2)(da) inserted by No. 31/2017 s. 11(2)(c). (da) if the use or disclosure is to the Human Rights Commissioner;
S. 104ZY(2)(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; S. 104ZY(2)(h) substituted by No. 31/2017 s. 11(2)(f). (h) if the disclosure is to the Department of Health and Human Services and the information is reasonably necessary to ensure the proper care, treatment or housing of a person who is or is likely to be provided with services by or on behalf of that Department; S. 104ZY(2)(i) substituted by No. 31/2017 s. 11(2)(f). (i) if the disclosure is to the Victorian Electoral Commission and the information is reasonably necessary to establish a prisoner's entitlement to vote in accordance with the Electoral Act 2002;
S. 107 amended by Nos 16/1987 s. 4(3)(Sch. 1 item 7(j)), 45/1996 s. 17(Sch. 1 item 66(a)(b)). 107 Construction of references In— (a) an Act other than this Act; or (b) a subordinate instrument other than a subordinate instrument made under this Act; or (c) a document which is not an Act or a subordinate instrument— a reference to "the Director of Children's Welfare", "the Director-General of Social Welfare", "the Director-General of Community Services", "the Director of Probation and Parole", "the Chief Probation Officer" or "the Chief Parole Officer" is— S. 107(d) amended by No. 46/1998 s. 7(Sch. 1). (d) if the matter to which the reference relates is after the commencement of this section or by virtue of the Community Services (Director-General of Corrections) Act 1983 within the responsibilities of the Secretary, deemed to refer to the Secretary; and S. 107(e) inserted by No. 45/1996 s. 17(Sch. 1 item 66(b)). (e) if the matter to which the reference relates is after the commencement of section 17 of the Corrections (Amendment) Act 1996 within the responsibilities of the Secretary, deemed to refer to the Secretary.
S. 108 repealed by No. 11/1993 s. 4(4), new s. 108 inserted by No. 45/2001 s. 19, amended by No. 37/2014 s. 10(Sch. item 32.17). 108 Apprehension of escaped prisoners A prison officer or any police officer— (a) may arrest a person who has escaped from the legal custody of the Secretary or the Chief Commissioner of Police; and (b) must deliver the person to a prison or police gaol as soon as possible after the arrest. S. 108A inserted by No. 57/2016 s. 16. 108A Return of prisoner unlawfully released (1) This section applies if a prisoner who is not legally entitled to be released is released from custody. (2) The Secretary, by warrant signed by the Secretary, may authorise— (a) any police officer to break, enter and search any place where the prisoner is reasonably believed to be and to arrest the prisoner and return the prisoner to prison; and (b) any prison officer or escort officer to arrest the prisoner and return the prisoner to prison. (3) Whether or not a warrant is issued under subsection (2), the Secretary may authorise the making of an application to a magistrate for a warrant authorising— (a) any police officer to break, enter and search any place where the prisoner is reasonably believed to be and to arrest the prisoner and return the prisoner to prison; and (b) any prison officer or escort officer to arrest the prisoner and return the prisoner to prison. (4) Subject to subsection (5), an officer authorised by a warrant referred to in subsection (2) or (3) to
under the provisions of this Act which relate to permits or orders of that kind. (5) This Act applies to an offender, whether the correctional order to which the offender is subject is made before or after the date of commencement of this section. S. 114 amended by No. 16/1987 s. 4(3)(Sch. 1 item 7(l)), repealed by No. 11/1995 s. 3(2)(Sch. 2), new s. 114 inserted by No. 45/2001 s. 22. 114 Transitional provisions—legal custody (1) Any person who immediately before the commencement of section 4 of the Corrections (Custody) Act 2001 was deemed under section 4 to be in the custody of the Secretary, is, on and after that commencement, deemed to be in the legal custody of the Secretary under Part 1A until custody ceases in accordance with that Part. (2) Any person who immediately before the commencement of section 12 of the Corrections (Custody) Act 2001 was deemed under section 11 to be in the custody of the Chief Commissioner of Police, is, on and after that commencement, deemed to be in the legal custody of the Chief Commissioner of Police under Part 1A until custody ceases in accordance with that Part. S. 115 inserted by No. 35/2002 s. 10. 115 Transitional provisions—Criminal Justice Legislation (Miscellaneous Amendments) Act 2002 (1) The amendments to this Act made by section 7 of the Criminal Justice Legislation (Miscellaneous Amendments) Act 2002 apply to fingerprints taken after the commencement of that section. (2) The amendments to this Act made by section 8 of the Criminal Justice Legislation (Miscellaneous Amendments) Act 2002 apply to information whether obtained before or after the commencement of that section. S. 115A inserted by No. 97/2004 s. 5. 115A Transitional provisions—change of name applications
(2) A police officer. (3) A Victoria Police employee within the meaning of the Victoria Police Act 2013. (4) A person who provides services or advice (whether paid or unpaid) to or on behalf of Victoria Police. 8. Other (1) An independent prison visitor. (2) A contractor or sub-contractor. (3) An employee of a contractor or subcontractor. (4) An officer within the meaning of Part 5 or Part 9. Sch. 5 item 8(5) amended by No. 27/2018 s. 355(28)(b). (5) A person prescribed as a responsible agency under paragraph (d) of the definition of responsible agency in section 3 of the Serious Offenders Act 2018. Sch. 5 item 8(6) amended by No. 27/2018 s. 355(28)(b). (6) Each of the following individuals in respect of an unincorporated body or association prescribed as a responsible agency under paragraph (d) of the definition of responsible agency in section 3 of the Serious Offenders Act 2018— (a) an individual holding the position of president, vice president, secretary or treasurer of the body or association; (b) an individual holding a position referred to in paragraph (a) (however described by the body or association or the rules or constituting documents of the body or association); (c) an individual in control of all or a substantial part of the activities of the body or association;