127 Transitional—Justice Legislation Amendment (Parole Reform and Other Matters) Act 2016 348 127A Transitional—Justice Legislation Amendment (Parole Reform and Other Matters) Act 2016 348 128 Transitional—Corrections Legislation Miscellaneous Amendment Act 2017 349 Schedules 350 Schedule 2—Names of prisons 351 Schedule 3—Violent offences 352 Schedule 4—Terrorism or foreign incursion offences 355 Endnotes 358 1 General information 358 2 Table of Amendments 360 3 Amendments Not in Operation 374 4 Explanatory details 384
community corrections officer means a community corrections officer appointed under Part 4; S. 3(1) def. of order amended by No. 49/1991 s. 119(7) (Sch. 4 item 3.1), substituted by No. 65/2011 s. 107(Sch. item 2.2). community-based order has the same meaning as old community-based order within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991; community corrections centre means a community corrections centre established under Part 9; 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 non-local DVO inserted by No. 53/2016 s. 94. non-local DVO means a non-local DVO within the meaning of the National Domestic Violence Order Scheme Act 2016; S. 3(1) def. of notice to attend inserted by No. 41/2015 s. 5. notice to attend means a notice served under section 71A(1)(b), (c) or (d) requiring a person to attend a meeting of the Board; S. 3(1) def. of notice to produce inserted by No. 41/2015 s. 5. notice to produce means a notice served under section 71A(1)(a) requiring a person to produce a specified document or other thing to the Board; S. 3(1) def. of nurse inserted by No. 13/2010 s. 51(Sch. item 16.1). nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student); S. 3(1) def. of offender amended by No. 49/2006 s. 3. offender, other than in sections 30A to 30I, means a person of whatever age who is the subject of a correctional order; S. 3(1) def. of parole officer inserted by No. 41/2015 s. 11. parole officer means a parole officer appointed under Part 4; S. 3(1) def. of partner inserted by No. 72/2001 s. 3(Sch. item 4.1). partner of a person means the person's spouse or domestic partner; S. 3(1) def. of pat-down search inserted by No. 10/2013 s. 4(1). pat-down search means a search of a person during which the person's clothed body is touched;
S. 3(1) def. of 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; (c) a child or grandchild (of any age) of the prisoner or of a partner of the prisoner; (d) a sibling of the prisoner or of a partner of the prisoner; (e) a child (of any age) of a sibling of the prisoner or of a sibling of a partner of the prisoner; (f) a child (of any age) of a sibling of a parent of the prisoner or of a sibling of a parent of a partner of the prisoner; S. 3(1) def. of scanning search inserted by No. 10/2013 s. 4(1). scanning search means a search of a person, or of the property of a person, using an electronic or other device, during which the person is not touched;
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. 3(1) def. of violent offence inserted by No. 32/2016 s. 45. violent offence means an offence listed in Schedule 3; 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 (b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case. S. 4 amended by Nos 16/1991 s. 3(1)(a)(b), 44/1991 s. 6(c), 49/1991 s. 119(7) (Sch. 4 item 3.3), 45/1996 s. 17(Sch. 1 item 2(a)(b)), 26/1997 s. 12(6), repealed by No. 45/2001 s. 4, new s. 4 inserted by No. 2/2005 s. 4. 4 References to prisons to include transition centres S. 4(1) amended by No. 50/2008 s. 4. (1) A reference in the following provisions of this Act to a prison is to be read as including a reference to a transition centre, unless the contrary
(2) A person is also deemed to enter into the legal custody of the Chief Commissioner when— S. 6D(2)(a) amended by Nos 48/2006 s. 42(Sch. item 8.1), 1/2016 s. 18(3). (a) the person is remanded in custody by a court or a bail justice under the Children, Youth and Families Act 2005 or the Bail Act 1977; and S. 6D(2)(b) amended by No. 37/2014 s. 10(Sch. item 32.2). (b) a police officer or a person acting under lawful authority on behalf of the Chief Commissioner takes physical custody of the person. S. 6D(2A) inserted by No. 10/2013 s. 6(1). (2A) A person is also deemed to enter into the legal custody of the Chief Commissioner of Police when— (a) a police custody transfer order is made in relation to the person; and S. 6D(2A)(b) amended by No. 37/2014 s. 10(Sch. item 32.2). (b) a police officer or a person acting under lawful authority on behalf of the Chief Commissioner takes physical custody of the person in accordance with the order. S. 6D(3) amended by No. 10/2013 s. 6(2). (3) A person who enters the legal custody of the Chief Commissioner of Police under subsection (1), (2) or (2A) is deemed to remain in that custody until that custody ceases under this Part. (4) This section applies to a person regardless of the person's age. S. 6E inserted by No. 45/2001 s. 5, amended by No. 5/2006 s. 14(7) (ILA s. 39B(1)). 6E When does legal custody of the Chief Commissioner cease? (1) A person who is deemed by this Act to enter the legal custody of the Chief Commissioner of Police ceases to be in the legal custody of the Chief Commissioner— (a) on the expiration of the person's sentence of imprisonment, or if the person is serving
S. 9AA inserted by No. 94/1994 s. 10, amended by No. 45/1996 s. 17(Sch. 1 item 9), substituted by No. 26/1997 s. 11. 9AA Agreements with the Chief Commissioner (1) The Chief Commissioner of Police may, for and on behalf of the Crown, enter into an agreement with a person or body, including the Secretary, for the provision by that person or body of— (a) custodial services in police gaols; or (b) services related to the transport of— (i) persons detained in a police gaol to or from a police gaol; or (ii) persons detained in custody in a prison from the prison to a court or police gaol or from a court to a prison or police gaol; or S. 9AA(1) (b)(iii) amended by No. 65/1997 s. 81(b), substituted by No. 26/2014 s. 455(Sch. item 6.2), amended by No. 20/2015 s. 38. (iii) patients within the meaning of the Mental Health Act 2014 from a designated mental health service under that Act to a court or a police gaol or a designated mental health service or from a court or a police gaol to a court or a police gaol or a designated mental health service; or S. 9AA(1)(b)(iv) amended by No. 48/2006 s. 42(Sch. item 8.2). (iv) persons detained in a remand centre, youth residential centre or youth justice centre within the meaning of the Children, Youth and Families Act 2005 from that centre to a court or a police gaol or from a court or police gaol to a court or police gaol or such a centre; or (c) services related to security in relation to persons in the custody of the Chief Commissioner of Police. S. 9AA(2) repealed by No. 45/2001 s. 6. * * * * *
(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
S. 9B(1)(b) amended by No. 45/1996 s. 17(Sch. 1 item 11). (b) the Secretary enters into an agreement under section 9(1); or S. 9B(1)(c) amended by No. 45/1996 s. 17(Sch. 1 item 11). (c) the Secretary authorises a person under section 9A(1) to exercise any functions or powers— the Secretary must request the Chief Commissioner of Police to inquire into and report to him or her on the character, honesty and integrity of any relevant person. S. 9B(1A) inserted by No. 94/1994 s. 13(1). (1A) Before the Chief Commissioner of Police— (a) enters into an agreement under section 9AA; or S. 9B(1A)(b) amended by No. 26/1997 s. 12(4). (b) authorises a person under section 9A(1A) or (1B) to exercise any functions or powers— the Chief Commissioner of Police must inquire into the character, honesty and integrity of any relevant person. (2) For the purposes of this section a person is a relevant person if he or she— (a) is the proposed contractor; or (b) holds or will hold a position of director, manager or secretary or any other executive position (however designated) whether in his or her own right or on behalf of any other person, in the proposed business of the contractor as a provider of services under this Act; or
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. 9CA inserted by No. 94/1994 s. 14, substituted by No. 45/1996 s. 13, amended by No. 37/2014 s. 10(Sch. item 32.2). 9CA Staff—police gaols A reference in section 27 of the Bail Act 1977 or Part 9A of this Act or the regulations made under this Act to a police officer includes, in relation to the exercise of any function or power under that section or Part or those regulations, a reference to a person authorised under section 9A(1A) to exercise that function or power. S. 9CAA inserted by No. 26/1997 s. 13. 9CAA Transport functions
S. 29A(2)(a) amended by No. 45/1996 s. 17(Sch. 1 item 22). (a) must be of a kind approved by the Secretary; and (b) may include the taking of samples of urine; and (c) must be carried out by an officer within the meaning of Part 5. S. 29A(3) inserted by No. 38/2003 s. 4(3). (3) The following are deemed to be, and to have always been, valid— (a) any direction given, or purportedly given, under this Act before the date of commencement of section 4 of the Corrections (Amendment) Act 2003 requiring a prisoner to submit to any test to assess whether the prisoner was using alcohol; and (b) any test conducted on a urine sample, taken under this section before the date of commencement of section 4 of the Corrections (Amendment) Act 2003, to assess whether the prisoner who provided the sample was using alcohol.
monitoring device worn by a prisoner who is subject to an order under this section. S. 30A (Heading) amended by No. 10/2013 s. 12(1). S. 30A inserted by No. 45/2001 s. 29. 30A Victim may be given certain copies of orders and information about a prisoner S. 30A(1) substituted by No. 14/2004 s. 6. (1) In this section— S. 30A(1) def. of criminal act of violence amended by Nos 53/2007 s. 15, 31/2017 s. 3. criminal act of violence means— (a) an offence that involves an assault on, or injury or a threat of injury to, a person which is punishable by imprisonment; (b) any offence listed in Schedule 1 to the Serious Sex Offenders (Detention and Supervision) Act 2009; (c) an offence at common law of rape or assault with intent to rape; (d) an offence against section 21A(1) of the Crimes Act 1958 (stalking) or any corresponding previous enactment; (e) an offence against section 63 of the Crimes Act 1958 (child stealing) or any corresponding previous enactment; (f) an offence against section 63A of the Crimes Act 1958 (kidnapping) or any corresponding previous enactment; (g) an offence against section 77 of the Crimes Act 1958 (aggravated burglary)
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
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. 42 Visitors to give prescribed information S. 42(1) substituted by No. 45/2001 s. 30(1). (1) A prison officer may require any person who wishes to enter, or who has entered, a prison as a visitor to give the prison officer information as to— (a) the purpose of the visit or intended visit; (b) the person's identity, address, occupation and age; (c) the person's relationship (if any) to any prisoner the person wishes to visit.
treatment as the medical officer considers necessary or desirable in the circumstances; (h) the right to have access to reasonable dental treatment necessary for the preservation of dental health; (i) the right to practise a religion of the prisoner's choice and, if consistent with prison security and good prison management to join with other prisoners in practising that religion and to possess such articles as are necessary for the practice of that religion; S. 47(1)(j) amended by No. 45/1996 s. 17(Sch. 1 item 31), substituted by No. 45/2001 s. 32(a), amended by Nos 10/2013 s. 17(2), 22/2016 s. 165(a). (j) the right to make complaints concerning prison management to the Minister, the Secretary, the Commissioner, the Governor, an independent prison visitor, the Ombudsman, the Health Complaints Commissioner and the Human Rights Commissioner; (k) the right to receive at least one visit which is to last at least half an hour in each week under section 37; (l) the right to be classified under a classification system established in accordance with the regulations as soon as possible after being sentenced and to have that classification reviewed annually; S. 47(1)(m) substituted by No. 45/2001 s. 32(b). (m) subject to sections 47A and 47B, the right to send letters to, and receive letters from, the following people without those letters being opened by prison staff— S. 47(1)(m)(i) amended by No. 10/2013 s. 17(3). (i) the Minister, the Secretary, the Commissioner or an independent prison visitor;
(ii) a member of Parliament; S. 47(1)(m)(iii) amended by No. 18/2005 s. 18(Sch. 1 item 22.3). (iii) a lawyer representing the prisoner, or from whom the prisoner is seeking legal advice; (iv) the Ombudsman; 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. 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. (3) In this section, Registrar means— (a) the Victorian Registrar; or (b) an authority responsible under a law of another State or a Territory for the registration of births, deaths and marriages.
S. 47I inserted by No. 97/2004 s. 4. 47I Approval by Secretary (1) Subject to subsection (2), the Secretary may only approve a change of name application if he or she is satisfied that the change of name is in all the circumstances necessary or reasonable. (2) The Secretary must not approve a change of name application if he or she is satisfied that the change of name would, if registered, be reasonably likely— (a) to be a threat to prison security; or (b) to jeopardise the safe custody or welfare of any prisoner; or (c) to be used to further an unlawful activity or purpose; or (d) to be regarded as offensive by a victim of crime or an appreciable sector of the community. S. 47J inserted by No. 97/2004 s. 4. 47J Approval to be notified in writing If the Secretary approves a change of name application, the Secretary must— (a) as soon as practicable, give written notice of the approval to the person who made the application; and (b) if the prisoner consents, give a copy of the written notice of approval to the Victorian Registrar. 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—
(7) In the case of a person referred to in section 57C(1)(b), a reference to a prisoner in this section is to be read as a reference to the person. S. 58 substituted by No. 16/1991 s. 15(1). 58 Breach of custodial community permit A prisoner who fails without reasonable excuse to comply with any conditions of a custodial community permit is guilty of an offence and liable to imprisonment for a term of not more than 3 years. S. 58A inserted by No. 16/1991 s. 15(1). 58A Powers of Secretary with respect to custodial community permits S. 58A(1) amended by No. 45/1996 s. 17(Sch. 1 item 40). (1) The Secretary may before the prisoner is allowed to be absent from the prison under a custodial community permit or at any time during the period of such a permit— (a) vary or revoke any condition of the permit or impose any additional condition; or (b) subject to section 57, vary the period of the permit; or (c) revoke the permit. (2) The revocation of a custodial community permit or the varying or revocation of a condition or the varying of the period of such a permit or the imposing of an additional condition takes effect immediately. S. 58B inserted by No. 16/1991 s. 15(1). 58B Visitors to give prescribed information (1) In this section and sections 58C and 58D— S. 58B(1) def. of prisoner amended by No. 2/2005 s. 8(3). prisoner means a prisoner who is authorised to be absent from a prison under a corrections administration permit or a rehabilitation and transition permit.
as it was before that commencement despite the changes in its membership made by that section. S. 61(8) inserted by No. 62/2013 s. 4(2). (8) In this section— intermediate court means a court of another State or a Territory of equivalent status to the County Court; superior court means— (a) the High Court; or (b) the Federal Court; or (c) the Family Court; or (d) the Supreme Court of another State or a Territory. S. 61A (Heading) amended by No. 12/2014 s. 10(1). S. 61A inserted by No. 62/2013 s. 5. 61A Chairperson and deputy chairpersons (1) The Governor in Council must appoint a member of the Board appointed under section 61(2)(a), (b) or (da) (other than a retired Magistrate) to be chairperson of the Board. S. 61A(2) amended by No. 12/2014 s. 10(2). (2) The Governor in Council may appoint one or more members of the Board appointed under section 61(2)(a), (b) or (da) (other than a retired Magistrate) to be deputy chairperson of the Board. S. 61A(3) amended by No. 12/2014 s. 10(3). (3) If the chairperson is unable to perform the duties of office, is absent or the office of the chairperson is vacant, the presiding deputy chairperson must act as chairperson and while acting has the functions, powers and duties of the chairperson. 62 Deputy members S. 62(1) amended by No. 16/1991 s. 16(2), substituted by No. 62/2013 s. 6(1). (1) The Governor in Council may appoint a member of the Board appointed under section 61(2)(a), (b) or (da) (other than a retired Magistrate) to act as chairperson while—
S. 77A inserted by No. 15/2013 s. 3. 77A Revocation of cancellation (1) If the Board has cancelled a prisoner's parole it may at any time by a further order revoke the cancellation. (2) The Board may by order revoke the cancellation of a prisoner's parole under section 77(6) if it is satisfied that exceptional circumstances exist. (3) A parole order revives on the making of the order revoking the cancellation of the parole. (4) The Board must not make an order revoking an order cancelling a prisoner's parole if a warrant has been issued under section 77B unless the Board is satisfied that the warrant will not be executed. S. 77B inserted by No. 15/2013 s. 3. 77B Return of prisoner to prison on cancellation of parole (1) If a prisoner's parole is cancelled or taken to be cancelled, the Board may— S. 77B(1)(a) amended by No. 37/2014 s. 10(Sch. item 32.12). (a) authorise any police officer, by warrant signed by the Secretary or a member of the Board, to break, enter and search any place where the prisoner is reasonably believed to be and to arrest the prisoner and return the prisoner to prison; or (b) whether or not a warrant is issued under paragraph (a), authorise the making of an application to a magistrate for a warrant— S. 77B(1)(b)(i) amended by No. 37/2014 s. 10(Sch. item 32.12). (i) authorising any police officer to break, enter and search any place where the prisoner is reasonably believed to be and to arrest the prisoner and return the prisoner to prison; or (ii) authorising any other officer to arrest the prisoner and return the prisoner to prison.
(2) If a prisoner's parole is cancelled or taken to be cancelled— (a) the original warrant to imprison or other authority for the person's imprisonment is to be regarded as again in force; and (b) any period during which the parole order was in force is not to be regarded as time served in respect of the prison sentence unless a direction under section 77C applies. S. 77C inserted by No. 15/2013 s. 3. 77C Power to direct that time on parole is time served The Board may direct that some or all of the period during which a parole order that is cancelled or taken to be cancelled was in force is to be regarded as time served in respect of the prison sentence. S. 77D inserted by No. 15/2013 s. 3. 77D Board may arrange for examination of prisoner The Board, in determining whether to make or vary a parole order, cancel a prisoner's parole or revoke the cancellation of parole, may— (a) arrange for the examination of the prisoner by a registered medical practitioner, psychiatrist or psychologist; and (b) require the registered medical practitioner, psychiatrist, psychologist or any other person whom the Board believes may be able to do so to give a report in writing to the Board. S. 78 amended by Nos 49/1991 s. 119(7) (Sch. 4 item 3.7), 31/2014 s. 9 (ILA s. 39B(1)). 78 Prisoners may be released on parole more than once (1) The Board may again release a prisoner on parole although the prisoner's parole has been cancelled on a previous occasion or on previous occasions in respect of the same prison sentence but if the prisoner has been sentenced to another prison
S. 78A inserted by No. 46/2013 s. 3 (as amended by No. 25/2014 s. 13), amended by No. 41/2015 s. 21 (ILA s. 39B(1)). 78A Offence to breach a term or condition of parole (1) A prisoner while released under a parole order must not, without reasonable excuse, breach a prescribed term or condition of that parole order. Penalty: 3 months imprisonment, 30 penalty units or both. S. 78A(2) inserted by No. 41/2015 s. 21. (2) Despite anything to the contrary in section 7(1) of the Criminal Procedure Act 2009, a proceeding for an offence under subsection (1) may be commenced within 2 years after the commission of the alleged offence. Note See sections 16 and 33 of the Sentencing Act 1991. S.78B inserted by No. 46/2013 s. 3 (as amended by No. 25/2014 s. 13). 78B Arrest and detention for breach of parole order S. 78B(1) amended by No. 37/2014 s. 10(Sch. item 32.13). (1) A police officer may, without warrant, arrest a prisoner released under a parole order if he or she suspects on reasonable grounds that the prisoner has committed an offence against section 78A. S. 78B(2) amended by No. 37/2014 s. 10(Sch. item 32.13). (2) A prisoner who is arrested under subsection (1), or under any power of arrest that a police officer has under any Act or law if the prisoner is suspected on reasonable grounds of committing an offence against section 78A, may be detained in custody if the police officer who arrested the prisoner is satisfied that—
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 (b) an authority responsible under a law of another State or a Territory for the registration of births, deaths and marriages. (2) A prisoner on parole must not make a change of name application to a Registrar without having first obtained the written approval of the Board. 5 penalty units. (3) A person must not make a change of name application to a Registrar on behalf of a prisoner on parole unless the written approval of the Board is first obtained. 5 penalty units. S. 79C inserted by No. 49/2006 s. 7. 79C Approval by Board (1) Subject to subsection (2), the Board may only approve a change of name application if the Board is satisfied that the change of name is in all the circumstances necessary or reasonable. (2) The Board must not approve a change of name application if the Board is satisfied that the change
written notice of the application to the secretary of the Board. S. 79F inserted by No. 49/2006 s. 7. 79F Registrar may correct Register Without limiting section 43 of the Births, Deaths and Marriages Registration Act 1996, the Victorian Registrar may correct the Register under that section if— (a) the name of a prisoner on parole on the Register was changed because of a change of name application; and (b) the Board had not approved that change of name application under section 79C. S. 79G inserted by No. 49/2006 s. 7. 79G Lapse of application on cancellation of parole A change of name application under this Division by or on behalf of a prisoner on parole lapses if— S. 79G(a) amended by No. 15/2013 s. 6(a). (a) the prisoner's parole is cancelled or taken to be cancelled under section 77; and (b) the Victorian Registrar has not registered the change of name before that cancellation. S. 79H inserted by No. 49/2006 s. 7. 79H Information-sharing between the Secretary and the Victorian Registrar Despite any other law to the contrary— (a) the Secretary must notify the Victorian Registrar of the name (including any other name by which he or she is or has previously been known), date of birth and residential address or addresses of any prisoner on parole; and
S. 82 (Heading) inserted by No. 2/2005 s. 8(5)(a). New s. 82 inserted by No. 94/1994 s. 22, amended by Nos 45/1996 s. 17(Sch. 1 item 50), 2/2005 s. 8(5)(b). 82 Custodial interstate community permit The Secretary may issue a custodial interstate community permit to a prisoner for leave to travel to a participating State— (a) to visit a person with whom the prisoner has had a long standing personal relationship if that person is seriously ill or in acute personal need; or (b) to attend the funeral of a person with whom the prisoner had a long standing personal relationship; or S. 82(c) amended by No. 38/2003 s. 6. (c) for any other compassionate purpose (including, in the case of an Aboriginal prisoner, to enable the prisoner to be present at an occasion of special significance to the prisoner's immediate or extended family). New s. 83 inserted by No. 94/1994 s. 22. 83 Effect of permit (1) A permit issued to a prisoner— S. 83(1)(a) amended by Nos 45/2001 s. 18(a), 38/2003 s. 7(a). (a) authorises the prisoner to be absent from the prison for the purpose and for the period stated in the permit; and S. 83(1)(b) amended by Nos 45/2001 s. 18(a), 38/2003 s. 7(b). (b) if the Secretary requires the prisoner to be escorted while absent from the prison, authorises the escort officer appointed to escort the prisoner to take and keep physical custody of the prisoner for the purpose of escorting the prisoner to the participating State (whether or not across another State) and within the participating State for the purpose set out in the permit and returning the prisoner to the prison from which leave of absence was given; and
S. 100(1D) inserted by No. 10/2013 s. 33(1). (1D) A Regional Manager must establish and maintain a register of searches conducted under this section. (2) If a person other than an officer or an offender refuses to submit to a search under this section the Regional Manager may order the person to leave the community corrections centre immediately. (3) A person who disobeys a Regional Manager's order under subsection (2) is guilty of an offence. 5 penalty units. (4) A community corrections officer may, if necessary use reasonable force to compel a person to obey an order to leave a community corrections centre. (5) A community corrections officer is not liable for injury or damage caused in carrying out searches or using force in accordance with this section. (6) A Regional Manager may at any time order a search under this section to be terminated. S. 100(7) inserted by No. 10/2013 s. 33(2). (7) In this section, search means any or all of the following— (a) a garment search; (b) a pat-down search; (c) a scanning search. 101 Seizure S. 101(1) amended by No. 10/2013 s. 34. (1) In carrying out searches under section 100 a community corrections officer may seize anything found in a community corrections centre or in a place referred to in section 100(1A), whether in a
(d) does anything which, in the Regional Manager's opinion, threatens the good order or security of the location— must, if ordered by the Regional Manager, leave the location immediately. (4) A person who disobeys an order to leave a location is guilty of an offence. 10 penalty units. 104 Offender subject to Secretary's directions S. 104(1) amended by No. 45/1996 s. 17(Sch. 1 item 63(b)). (1) An offender is subject to the Secretary's directions while the offender is at a location, taking part in a community corrections programme or is being transferred from one location to another, from a location to a place where a community corrections programme is conducted, or from that place to a location. S. 104(2) amended by No. 45/1996 s. 17(Sch. 1 item 63(a)). (2) The Secretary may, if not inconsistent with the correctional order relating to an offender, direct the offender to attend a location or to take part in a community corrections programme. S. 104(3) amended by No. 45/1996 s. 17(Sch. 1 item 63(a)). (3) An offender who disobeys a direction given by the Secretary under this section is guilty of an offence. 5 penalty units. Pt 9 Div. 6A (Heading and ss 104AAA, 104AAB inserted by No. 64/2017 s. 21. Division 6A—Removal of electronic monitoring devices and equipment
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. 104A def. of officer in charge amended by No. 37/2014 s. 10(Sch. item 32.15(a)), substituted by Nos 59/2015 s. 14, 45/2017 s. 29. officer in charge, in relation to a police gaol, means the police officer who is for the time being— (a) in charge of the police gaol; and (b) authorised to direct police custody officer supervisors and police custody
S. 104AH inserted by No. 59/2015 s. 16. 104AH Power to restrain detained persons S. 104AH(1) amended by No. 45/2017 s. 36(1)(a). (1) The officer in charge of a police gaol may apply, or authorise a police officer, a police custody officer supervisor or a police custody officer to apply, an instrument of restraint to a detained person— (a) in the case of a police officer, while the person is being moved under escort from one place to another, if the officer in charge believes on reasonable grounds that the restraint is necessary to ensure the secure transfer of the person; or S. 104AH(1)(b) amended by No. 45/2017 s. 36(1)(b). (b) in the case of a police custody officer supervisor or a police custody officer, while the person is being moved under escort from one place to another within a police gaol, if the officer in charge believes on reasonable grounds that the restraint is necessary to ensure the secure transfer of the person; or (c) if the officer in charge believes on reasonable grounds that— (i) exceptional circumstances exist; and (ii) the restraint is necessary to prevent an assault on, or injury to, any person, or substantial damage to property. S. 104AH(1A) inserted by No. 45/2017 s. 36(2). (1A) A police custody officer supervisor may apply, or authorise a police custody officer to apply, an instrument of restraint to a detained person if the police custody officer supervisor believes on reasonable grounds that— (a) in the case of a person being moved under escort from one place to another within a
S. 104ZR(1) amended by No. 67/2013 s. 649(Sch. 9 item 6(2)). (1) Compensation for personal injury (including death) is to be paid in accordance with and subject to the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013, as the case requires, 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. S. 104ZR(2) amended by No. 67/2013 s. 649(Sch. 9 item 6(2)). (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 or the Workplace Injury Rehabilitation and Compensation Act 2013, as the case requires, 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 (b) if the injured person was not then working under a contract of service, on any basis that is best calculated to give the appropriate compensation for the injured person's loss of earning capacity. (3) For the purposes of enabling the return to work of the injured person, the Authority may— S. 104ZR(3)(a) amended by No. 67/2013 s. 649(Sch. 9 item 6(3)). (a) prepare a return to work plan under the Workplace Injury Rehabilitation and Compensation Act 2013;
S. 104ZZ(1) amended by No. 32/2016 s. 49(a). (1) A relevant person may use or disclose information given to the Adult Parole Board that is not disclosed in a decision of the Board or in any reasons given by the Board for a decision of the Board if— S. 104ZZ(1)(a) amended by No. 32/2016 s. 49(b). (a) the use or disclosure is reasonably necessary for the administration of Corrections legislation; or S. 104ZZ(1)(b) substituted by No. 12/2014 s. 16(1), amended by No. 32/2016 s. 49(c). (b) the use or disclosure is reasonably necessary for the preparation for, conduct of or participation in— (i) criminal proceedings in any court; or (ii) proceedings before a tribunal; or (iii) an inquest or investigation held by a coroner; or S. 104ZZ(1)(c) substituted by No. 32/2016 s. 49(d). (c) the relevant person believes on reasonable grounds that the use or disclosure is necessary— (i) to reduce the risk of a person committing a violent offence; or (ii) to lessen or prevent a threat to the life, health, safety or welfare of any person. S. 104ZZ(2) inserted by No. 12/2014 s. 16(2). (2) A relevant person may use or disclose information given to the Adult Parole Board that is not disclosed in a decision of the Board or in any reasons given by the Board for a decision of the Board if the use or disclosure is authorised by the Minister. S. 104ZZA inserted by No. 10/2013 s. 35. 104ZZA Offence to use or disclose personal or confidential information unless authorised A person who is or has been a relevant person must not use or disclose personal or confidential information unless that use or disclosure is authorised under section 104ZY or 104ZZ.
Penalty: 120 penalty units. 105 Proceedings for offences S. 105(1) amended by No. 45/1996 s. 17(Sch. 1 item 64), substituted by No. 12/2014 s. 17. (1) Proceedings for offences against this Act or the regulations may be brought by— (a) the Secretary; or (b) the Director of Public Prosecutions; or (c) a crown prosecutor within the meaning of the Criminal Procedure Act 2009; or (d) a member of staff of the Office of Public Prosecutions established under the Public Prosecutions Act 1994 who is a lawyer; or S. 105(1)(e) substituted by No. 37/2014 s. 10(Sch. item 32.16). (e) a police officer. S. 105(2) amended by No. 45/1996 s. 17(Sch. 1 item 64), repealed by No. 41/2015 s. 22(2). * * * * * Note to s. 105 inserted by No. 41/2015 s. 22(1). Note A proceeding for an offence against this Act, or the regulations made under it, is commenced in accordance with the Criminal Procedure Act 2009. S. 105A inserted by No. 14/2004 s. 10. 105A Offences by bodies corporate (1) If, in proceedings for an offence against this Act, it is necessary to establish the intention or knowledge of a body corporate, it is sufficient to
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 (1) This Act as amended by Part 2 of the Corrections and Major Crime (Investigative Powers) Acts (Amendment) Act 2004 applies to any change of name application received by the Registrar before the commencement of that Part, if the change of name had not been registered before that commencement.
Assent Date: 18.11.15 Commencement Date: Ss 8–23 on 19.11.15: s. 2 : This information relates only to the provision/s amending the Corrections Act 1986 Bail Amendment Act 2016, No. 1/2016 Assent Date: 16.2.16 Commencement Date: S. 18(3) on 2.5.16: Special Gazette (No. 103) 19.4.16 p. 1 : This information relates only to the provision/s amending the Corrections Act 1986 Health Complaints Act 2016, No. 22/2016 Assent Date: 3.5.16 Commencement Date: Ss 164–166 on 1.2.17: s. 2(2) : This information relates only to the provision/s amending the Corrections Act 1986 Serious Sex Offenders (Detention and Supervision) Amendment (Community Safety) Act 2016, No. 32/2016 Assent Date: 31.5.16 Commencement Date: Ss 45–49 on 1.6.16: s. 2(1) : This information relates only to the provision/s amending the Corrections Act 1986 National Domestic Violence Order Scheme Act 2016, No. 53/2016 Assent Date: 18.10.16 Commencement Date: Ss 94, 95 on 25.11.17: Special Gazette (No. 388) 15.11.17 p. 1 : This information relates only to the provision/s amending the Corrections Act 1986 Corrections Legislation Amendment Act 2016, No. 57/2016 Assent Date: 2.11.16 Commencement Date: Ss 3–7, 9–15 on 3.11.16: s. 2(1); s. 16 on 28.6.17: Special Gazette (No. 216) 27.6.17 p. 1; s. 8 on 1.8.17: s. 2(3) : This information relates only to the provision/s amending the Corrections Act 1986 Justice Legislation Amendment (Parole Reform and Other Matters) Act 2016, No. 76/2016 Assent Date: 13.12.16 Commencement Date: Ss 3–8 on 14.12.16: s. 2(1) : This information relates only to the provision/s amending the Corrections Act 1986 Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017, No. 20/2017