S. 3(1) def. of garment search inserted by No. 10/2013 s. 4(1). garment search means a search of any article of clothing worn by a person or in the person's possession, during which the article of clothing is touched or removed from the person's body; S. 3(1) def. of Governor amended by No. 45/1996 s. 17(Sch. 1 item 1(c)). Governor means the Governor of a prison and includes a person nominated by the Secretary to act as the Governor of a prison; S. 3(1) def. of Health Complaints inserted by No. 22/2016 s. 164(b). Health Complaints Commissioner means the Commissioner within the meaning of the Health Complaints Act 2016; S. 3(1) def. of Health Services inserted by No. 45/2001 s. 23(2), repealed by No. 22/2016 s. 164(a). * * * * * S. 3(1) def. of home detention order inserted by No. 53/2003 s. 11(1), repealed by No. 48/2011 s. 3(b). * * * * * S. 3(1) def. of hospital security order inserted by No. 69/2005 s. 26(1), repealed by No. 26/2014 s. 455(Sch. item 6.1(b)). * * * * *
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 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(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 intention appears: Parts 1, 1A, 2, 2A, 4, 5, 6, 7, 8 (other than sections 56 and 56AC), 8A, 9C and 10. (2) A reference in any other Act, in any subordinate instrument or in any other document to a prison is to be read as including a reference to a transition centre, unless the contrary intention appears.
S. 8G(2) amended by No. 10/2013 s. 8(2). (2) Sections 23, 30, 47 and 73 of the Building Act 1993 do not apply in relation to any permit, approval, amendment, plan or other document relating to building work carried out or to be carried out under an agreement under section 8B(1)(a). Pt 2A Div. 2 (Heading) inserted by No. 94/1994 s. 8. Division 2—Management agreements New s. 9 inserted by No. 11/1993 s. 4(1). 9 Management agreements S. 9(1) amended by Nos 94/1994 s. 9(1)(a)(i)(ii), 45/1996 s. 17(Sch. 1 item 8). (1) The Secretary may, for and on behalf of the Crown, enter into an agreement with a person or body for the provision by that person or body of any correctional services. (2) The agreement 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 the services; S. 9(2)(c) repealed by No. 94/1994 s. 9(1)(b)(i). * * * * *
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. * * * * *
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. 9E(1) amended by Nos 94/1994 s. 16(1), 45/1996 s. 17(Sch. 1 item 13). (1) The Secretary must cause a written statement to be prepared setting out minimum standards in relation to the provision of services by a contractor under an agreement entered into under section 8B(1) or 9(1). S. 9E(2) substituted by No. 94/1994 s. 16(2). (2) The Chief Commissioner of Police must cause a written statement to be prepared setting out minimum standards in relation to the provision of services by a contractor under an agreement entered into under section 9AA. S. 9E(3) inserted by No. 94/1994 s. 16(2), amended by No. 45/1996 s. 17(Sch. 1 item 13). (3) The Secretary or Chief Commissioner of Police may from time to time amend the statement prepared by him or her. S. 9F inserted by No. 11/1993 s. 4(1), amended by No. 94/1994 s. 17(a). 9F Application of FOI The Freedom of Information Act 1982 applies to a contractor in its capacity as a provider of services under this Act or to a sub-contractor in its capacity as a manager of a prison or police gaol under a sub-contract agreement as if— S. 9F(a) amended by No. 94/1994 s. 17(b). (a) the contractor or sub-contractor (as the case requires) were an agency within the meaning of that Act; and S. 9F(b) amended by No. 94/1994 s. 17(c). (b) the holder of the office specified in the agreement under section 8B(1), 9(1) or 9AA or in the sub-contract agreement (as the case requires) for the purposes of the application of the Freedom of Information Act 1982 were the principal officer of that agency; and (c) the Minister were the responsible Minister of that agency; and S. 9F(d) amended by No. 94/1994 s. 17(b). (d) the persons employed by the contractor or sub-contractor (as the case requires) were officers of that agency.
(7) On the name of a transition centre being changed, a reference in an Act other than this Act, a subordinate instrument or a document to the transition centre by its old name is deemed to be a reference to the transition centre by its new name. S. 12 (Heading) inserted by No. 108/2004 s. 117(1) (Sch. 3 item 45.3). 12 Employment under the Public Administration Act 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). (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 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.
(b) a Regional Manager. (2) An authorisation under this section may be made in relation to an employee or class of employees specified in the instrument of authorisation. 13 Volunteers S. 13(1) amended by No. 45/1996 s. 17(Sch. 1 item 14). (1) The Secretary may by instrument authorize a person to work in an unpaid capacity for prison purposes or at a location. S. 13(2) amended by No. 45/1996 s. 17(Sch. 1 item 14). (2) The Secretary must not under subsection (1) authorize a person to do work which is part of the duties of a prison officer. (3) The period for which and the other terms and conditions under which, a person is authorized to work under subsection (1) are those stated in the person's instrument of authority. (4) If a person is authorized to work as an officer under Part 5 or Part 9 other than a prison officer the provisions of this Act relating to officers of that kind (except provisions relating to remuneration) apply to the person. S. 13(5) amended by No. 45/1996 s. 17(Sch. 1 item 14). (5) The Secretary must as soon as possible give to a person authorized to work under subsection (1) a copy of the person's instrument of authority. S. 13(6) amended by No. 45/1996 s. 17(Sch. 1 item 14). (6) The Secretary must keep a register containing copies of instruments of authority issued under this section. S. 13(7) amended by No. 16/1987 s. 4(3)(Sch. 1 item 7(d)). (7) A person who immediately before the commencement of this section held a position as an honorary probation officer under section 507 of the Crimes Act 1958 or an honorary parole officer under Division 4 of Part VIII of the
S. 17(2) amended by No. 45/1996 s. 17(Sch. 1 item 17). (2) The Secretary may exercise the powers and functions under subsection (1) in relation to a particular prison or class of prisons or in relation to all prisons in . S. 17(3) amended by Nos 45/1996 s. 17(Sch. 1 item 17), 45/2001 s. 14. (3) An exercise by the Secretary of any power or function under subsection (1) in relation to a matter, prevails over the exercise by a Governor or prison officer or escort officer of that power or function in relation to that matter. 18 Prison officer subject to direction of principal of training institutions (1) An officer attending a training institution is subject to the direction of the principal of that institution. (2) In this section training institution means an institution for the training of officers established or conducted in accordance with the regulations. 19 Officers subject to certain directions (1) A prison officer is subject to the directions of the Governor of the prison to which the prison officer is assigned. (2) The Governor of a prison may give to officers within the meaning of paragraph (f) of the definition of officer in section 14 who are working at the prison or with prisoners such directions as the Governor considers necessary for the security of the prison. (3) The Governor may give to other officers working at the prison or with prisoners such directions as the Governor considers necessary for the management good order or security of the prison or the prisoners.
20 Duties relating to security and welfare (1) An officer in charge of a prison or part of a prison must take all reasonable steps for the security of the prison or part of the prison. (2) An officer in charge of prisoners must take all reasonable steps for the safe custody and welfare of the prisoners. (3) An officer must not jeopardize the security of the prison. S. 20(4) amended by No. 45/1996 s. 17(Sch. 1 item 18(a)). (4) An officer must make returns and reports in accordance with the regulations and other returns and reports required by the Secretary. S. 20(5) amended by No. 45/1996 s. 17(Sch. 1 item 18(a)). (5) An officer must keep records in accordance with the regulations and other records required by the Secretary. S. 20(5A) inserted by No. 10/2013 s. 10(1). (5A) An officer, when required by the Secretary, must provide oral or written information to the Secretary in relation to the security and good order of a prison or the safe custody and welfare of prisoners. (6) In relation to officers within the meaning of paragraph (f) of the definition of "officer" in section 14— (a) subsection (2) applies as if it did not include a reference to welfare; and S. 20(6)(b) substituted by No. 10/2013 s. 10(2). (b) subsections (4), (5) and (5A) apply as if they referred to returns, reports, records and oral or written information concerning prison security only.
(4) A prisoner who is subject to an order under this section must comply with the conditions under subsection (2) unless the prisoner has a reasonable excuse not to do so. Penalty: 30 penalty units or 3 months imprisonment or both. 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;
S. 30H inserted by No. 14/2004 s. 8. 30H Confidentiality of information A person included on the victims register and that person's nominee (if any) to whom information is disclosed under section 30A by the Secretary must treat that information in an appropriate manner that respects the confidential nature of the information. S. 30I inserted by No. 14/2004 s. 8. 30I Offence to publish information disclosed under section 30A in electronic or print media S. 30I(1) amended by No. 49/2006 s. 5(11)(a). (1) A person must not publish in the electronic or print media or cause to be published in the electronic or print media any information relating to the personal affairs of a prisoner or offender if that person knows that the information has been disclosed under section 30A. 60 penalty units, in the case of a natural person; 1200 penalty units, in the case of a body corporate. S. 30I(2) amended by No. 49/2006 s. 5(11)(a). (2) A person must not, for the purposes of publication in the electronic or print media, solicit or obtain any information relating to the personal affairs of a prisoner or offender, being information which has been disclosed under section 30A from— (a) a person included on the victims register or that person's nominee (if any); or (b) a person who has previously been included on the victims register or that person's nominee (if any). 60 penalty units, in the case of a natural person; 1200 penalty units, in the case of a body corporate.
(3) If a person disobeys a Governor's order to leave a prison, a prison officer may, if necessary, use reasonable force to compel the person to leave the prison. S. 43(4) inserted by No. 57/2016 s. 6. (4) A prison officer who uses force in accordance with this section is not liable for injury or damage caused by that use of force. Division 3—Search and seizure 44 Formal searches (1) A person who wishes to enter or remain in a prison as a visitor must, if asked, submit to a formal search. (2) In this section formal search means a search to detect the presence of drugs weapons or metal articles carried out by an electronic or mechanical device. (3) If, when asked, a person does not submit to a formal search, a prison officer may prohibit the person from entering the prison or if the person is in the prison order the person to leave the prison immediately. 45 Search S. 45(1) amended by No. 16/1991 s. 9(a)(c). (1) The Governor of a prison may for the security or good order of the prison or the prisoners at any time order a prison officer to— (a) search any part of the prison; or S. 45(1)(b) substituted by No. 45/2001 s. 31. (b) search and examine any person in the prison other than a judge of the Supreme Court or County Court, or a magistrate; or (c) search and examine any thing in the prison; or
(vi) the Human Rights Commissioner; S. 47(1)(m)(vii) substituted by No. 41/2015 s. 14(1), amended by No. 38/2017 s. 78. (vii) the Independent Broad-based Anticorruption Commission established under section 12 of the Independent Broad-based Anticorruption Commission Act 2011; S. 47(1) (m)(viii) inserted by No. 41/2015 s. 14(1). (viii) the Victorian Inspectorate established under section 8 of the Victorian Inspectorate Act 2011; S. 47(1)(m)(ix) inserted by No. 41/2015 s. 14(1). (ix) the Victorian Legal Services Commissioner appointed under section 51 of the Legal Profession Uniform Law Application Act 2014; S. 47(1)(m)(x) inserted by No. 41/2015 s. 14(1), substituted by No. 20/2017 s. 134(Sch. 1 item 4.1(a)). (x) the Information Commissioner appointed under section 6C of the Freedom of Information Act 1982; S. 47(1)(m)(xi) inserted by No. 41/2015 s. 14(1). (xi) the Mental Health Complaints Commissioner appointed under section 226 of the Mental Health Act 2014; S. 47(1)(m)(xii) inserted by No. 41/2015 s. 14(1), repealed by No. 20/2017 s. 134(Sch. 1 item 4.1(b)). * * * * * S. 47(1) (m)(xiii) inserted by No. 41/2015 s. 14(1). (xiii) the Victorian Equal Opportunity and Human Rights Commission continued in existence by section 154 of the Equal Opportunity Act 2010;
S. 48 def. of Chief prison officer repealed by No. 16/1991 s. 11(1). * * * * * S. 48 def. of disciplinary officer inserted by No. 16/1991 s. 11(1), amended by No. 45/1996 s. 17(Sch. 1 item 32). disciplinary officer means a prison officer— (a) nominated by the Secretary as a disciplinary officer; or (b) in a class of prison officers nominated by the Secretary as disciplinary officers; privilege in relation to a prison means any of the privileges determined in accordance with the regulations for that prison; prison offence means a contravention of this Act or the regulations; 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
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— S. 56AB(1)(a) substituted by No. 26/2014 s. 455(Sch. item 6.4). (a) a designated mental health service within the meaning of the Mental Health Act 2014 in accordance with that Act; S. 56AB(1)(b) amended by No. 23/2006 s. 235(a). (b) a residential institution within the meaning of the Disability Act 2006 in accordance with that Act; S. 56AB(1)(c) substituted by No. 23/2006 s. 235(b). (c) a residential treatment facility within the meaning of the Disability Act 2006 in accordance with that Act. (2) On a transfer referred to in subsection (1) of a prisoner or person, the prisoner or person is deemed to be in the legal custody of— S. 56AB(2)(a) amended by Nos 23/2006 s. 235(c), 26/2014 s. 455(Sch. item 6.5(a)). (a) the person specified as the person who is to have the custody of the prisoner or person under the Mental Health Act 2014, the Disability Act 2006 or the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997;
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. (2) If a prison officer believes on reasonable grounds that the safety or security of a prisoner or the safety of a visitor to the prisoner is threatened, the prison officer may ask any person who wishes to visit the prisoner to give to the prison officer information as to the person's name, address, relationship (if any) to the prisoner and as to the purpose of the person's visit. (3) A person who wishes to visit a prisoner must, give the required information to a prison officer if asked to do so under subsection (2). (4) A person who wishes to visit or visits a prisoner and who knowingly gives to a prison officer
information that is false or misleading is guilty of an offence. 5 penalty units. S. 58B(5) amended by No. 45/2001 s. 35. (5) If when asked, a person does not give the required information to a prison officer or gives information to a prison officer which is false or misleading the prison officer may— (a) prohibit the person from visiting the prisoner; or (b) direct the person to leave the place where the prisoner is. (6) A person who disobeys an order under this section is guilty of an offence. 5 penalty units. S. 58C inserted by No. 16/1991 s. 15(1). 58C Governor may refuse or terminate visits for security reasons S. 58C(1) amended by No. 2/2005 s. 8(3). (1) If the Governor of the prison from which a prisoner is absent under a corrections administration permit or a rehabilitation and transition permit believes on reasonable grounds that the safety or security of the prisoner or the safety of a visitor to the prisoner is threatened, the Governor may— (a) by order prohibit a person from visiting the prisoner; or (b) order the visitor to leave immediately the place where the prisoner is. (2) A person who disobeys a Governor's order under this section is guilty of an offence. 5 penalty units.
on any recommendation which is necessary for the appointment of a member of that kind, appoint a qualified person to act in the member's place while the member is unable to perform the duties of office, is absent or the office of member is vacant. S. 62(3) amended by No. 45/1996 s. 17(Sch. 1 item 43(a)(b)). (3) If the Secretary is unable to perform the duties of a member or is absent, the Governor in Council may on the recommendation of the Secretary appoint a person to act as a member in the Secretary's place while the Secretary is unable to perform the duties of the member or is absent. S. 62(4) amended by No. 45/1996 s. 17(Sch. 1 item 43(a)). (4) If the office of Secretary is vacant the Governor in Council may on the recommendation of the Minister appoint a person to act as a member while the office of the Secretary is vacant. (5) While acting in a member's place a deputy member appointed under subsections (2), (3) or (4) has the functions powers and duties of that member. (6) A deputy member is entitled to receive— (a) such remuneration as is fixed by the Governor in Council; and (b) such travelling and other allowances as are fixed by the Governor in Council. S. 62(7) substituted by No. 62/2013 s. 6(3). (7) While acting in the chairperson's place a deputy member appointed under subsection (1) has the functions, powers and duties of the chairperson. 63 Terms of office S. 63(1) amended by No. 62/2013 s. 7(1). (1) Subject to subsections (1A) and (1B), a member of the Board holds office for the term, and subject to the conditions stated in the member's instrument of appointment but is eligible for reappointment.
(b) any question determined to be a question of law. S. 64A inserted by No. 91/2009 s. 207. 64A Detention and Supervision Order division (1) There is to be a Detention and Supervision Order division (DSO division) of the Adult Parole Board. (2) The chairperson may determine a number of members of the Board (the DSO panel) who are eligible to sit as members of the DSO division. (3) The Secretary is not eligible to sit as a member of the DSO division. S. 64A(4) amended by No. 31/2014 s. 4(1). (4) The chairperson may select members of the DSO panel to constitute the DSO division from time to time. S. 64A(5) amended by No. 10/2013 s. 25. (5) At least one of the members of the DSO division must be a Judge, retired Judge, Associate Judge, Magistrate or retired Magistrate. (6) The chairperson may select a member of the DSO division to be the chairperson or acting chairperson of the division. (7) The chairperson or acting chairperson of the DSO division may determine the times and places that the division is to meet. S. 64A(8) amended by No. 31/2014 s. 4(2). (8) A question is not to be decided at a meeting of the DSO division unless the chairperson, or acting chairperson, and at least 2 other members of the division are present. Note Section 6 of the Serious Sex Offenders (Detention and Supervision) Act 2009 provides that the DSO division is to exercise the powers and carry out the functions of the Adult Parole Board under that Act.
S. 65 amended by Nos 16/1991 s. 16(6), 10/2013 s. 26, substituted by No. 62/2013 s. 8. 65 Chairing of meetings (1) The chairperson is to preside at meetings of the Board at which the chairperson is present, except where the Board meets as a Division of the Board. S. 65(2) amended by No. 12/2014 s. 12(1). (2) In absence of the chairperson, the presiding deputy chairperson is to preside at meetings of the Board at which the deputy chairperson is present, except where the Board meets as a Division of the Board. S. 65(3) amended by No. 12/2014 s. 12(2). (3) In the absence of the chairperson and the presiding deputy chairperson, the acting chairperson is to preside at meetings of the Board at which the acting chairperson is present, except where the Board meets as a Division of the Board. S. 65(4) amended by No. 12/2014 s. 12(2). (4) In the absence of the chairperson, the presiding deputy chairperson and acting chairperson, a member appointed under section 61(2)(a), (ab), (b) or (c) chosen in accordance with the procedure determined by the chairperson is to preside at meetings of the Board, except where the Board meets as a Division of the Board. 66 Meetings S. 66(1) amended by Nos 91/2009 s. 208(1), 62/2013 s. 9, 12/2014 s. 13, 31/2014 s. 5(1). (1) Subject to sections 64A and 74AAB, the Board must meet at such times and places as are fixed by the regulations and at such other times and places as are fixed by the chairperson or the presiding deputy chairperson or acting chairperson. (2) The following questions which may arise at a meeting of the Board are to be decided by the person presiding at the meeting alone— (a) whether a question is a question of fact or of law; (b) any question determined to be a question of law.
S. 66(3) amended by No. 31/2014 s. 5(2). (3) The decision of a majority of the members present at a meeting of the Board, including a meeting of a division of the Board, on a question arising at the meeting (other than a question which under subsection (2) is to be decided by the person presiding at the meeting alone) is the decision of the Board on that matter. S. 66(4) amended by No. 31/2014 s. 5(3). (4) If there is an equality of votes on a question arising at a meeting of the Board, including a meeting of a division of the Board, the person presiding at the meeting has a second or casting vote. S. 66(5) amended by Nos 91/2009 s. 208(2), 62/2013 s. 9, 12/2014 s. 13, 31/2014 s. 5(4), 41/2015 s. 20. (5) Subject to sections 64, 64A and 74AAB, a question is not to be decided at a meeting of the Board unless the chairperson or the presiding deputy chairperson or acting chairperson and at least 2 other members of the Board are present. (6) Subject to the regulations, the Board may regulate its procedure. (7) An act or decision of the Board is not invalid simply because of— (a) a vacancy in the office of a member; or (b) a defect or irregularity in the appointment of a member. S. 66A inserted by No. 41/2015 s. 18. 66A Secretary of Adult Parole Board (1) The Secretary, by instrument, may authorise an employee of the Department to perform the functions of the secretary of the Adult Parole Board. (2) The Secretary, by instrument, may authorise an employee of the Department to perform the functions of the secretary of the Adult Parole Board during all periods when—
(ii) examples of what may constitute a reasonable excuse for failing to comply with the notice; (iii) how the person may object to the notice; (iv) any other prescribed information; and (c) must be served in accordance with section 71C. S. 71B inserted by No. 41/2015 s. 6. 71B Variation or revocation of notice to produce or notice to attend (1) A person on whom a notice to produce or notice to attend is served may make a claim to the Board— (a) that the person has or will have a reasonable excuse for failing to comply with the notice; or (b) in the case of a notice under section 71A(1)(b) or (d), that a document or other thing specified in the notice is not relevant to the subject matter of the meeting. (2) Without limiting what may be a reasonable excuse for the purposes of subsection (1)(a), it is a reasonable excuse for a person to fail to comply with a notice by refusing to give information to the Board if the information— (a) in the case of a natural person, might tend to incriminate the person or make the person liable to a penalty; or (b) is the subject of parliamentary privilege; or (c) is the subject of legal professional privilege; or (d) is the subject of public interest immunity; or
(8) For the purposes of this section, an offence is taken to have been committed during the parole period if— (a) the offence is committed between 2 dates, one of which is within the parole period; or (b) the parole period is between the 2 dates referred to in paragraph (a). (9) In this section— conviction includes a finding of guilt by a court, whether or not a conviction is recorded; S. 77(9) def. of serious violent offence amended by Nos 76/2016 s. 7, 31/2017 s. 9(3)(a). serious violent offence means any of the following offences— (a) an offence to which clause 2 of Schedule 1 to the Sentencing Act 1991 applies; (b) an offence against any of the following provisions of the Crimes Act 1958— (i) section 9AD as in force immediately before its repeal by section 3(3) of the Crimes Amendment (Abolition of Defensive Homicide) Act 2014; (ii) section 75A (armed robbery); (iii) section 77 (aggravated burglary); (iv) section 77A (home invasion); (v) section 77B (aggravated home invasion); (vi) section 79 (carjacking); (vii) section 79A (aggravated carjacking); (viii) section 197A (arson causing death);
S. 78N inserted by No. 57/2016 s. 8. 78N Things seized must be photographed or otherwise recorded All things seized under this Division by a specified officer must be photographed or otherwise recorded. S. 78O inserted by No. 57/2016 s. 8. 78O Specified officer must provide receipt for seized thing (1) As soon as practicable after seizing a thing under section 78J, a specified officer must— (a) give the prisoner on parole from whom the thing was seized a receipt for the thing; or (b) if the prisoner on parole from whom the thing was seized refuses to accept the receipt, leave the receipt in a conspicuous place at the residence being searched. (2) A receipt under subsection (1) must— (a) contain the prescribed information; and (b) be signed in accordance with the regulations. S. 78P inserted by No. 57/2016 s. 8. 78P Prisoner on parole to submit to testing (1) At the direction of a specified officer, a prisoner on parole must submit to breath testing, urinalysis or other test procedures approved by the Secretary for detecting alcohol or drug use. (2) A specified officer may give a direction under this section if the specified officer has reasonable grounds to suspect that the prisoner on parole has breached a condition of the parole order by consuming alcohol or drugs.
(b) in the case of a warrant issued by a magistrate, to the principal registrar of the Magistrates' Court. Pt 8A (Heading and ss 80–84E) inserted by No. 94/1994 s. 22. New s. 80 inserted by No. 94/1994 s. 22. 80 Definitions In this Part— 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
S. 85 def. of community corrections programme amended by No. 45/1996 s. 17(Sch. 1 item 55(b)). community corrections programme means a programme or series of programmes approved by the Secretary under this Part; S. 85 def. of officer amended by Nos 11/1993 s. 7(1)(f), 23/1994 s. 118(Sch. 1 item 14.6), 24/2006 s. 6.1.2(Sch. 7 item 10.2), 13/2010 s. 51(Sch. item 16.6), 76/2013 s. 24. officer means a person who is— (a) a Regional Manager; or (b) a community corrections officer; or (c) a volunteer who is working at a location; or (d) working at a location and who is— (i) an employee in the public service; or (ii) an employee in the teaching service; or (iii) a member of staff of a TAFE institute within the meaning of the Education and Training Reform Act 2006; or (iv) a member of staff of a dual sector university within the meaning of the Education and Training Reform Act 2006; or (e) a member of a prescribed class of persons who works at a location as a psychiatrist, registered medical practitioner, dentist, nurse, midwife or health worker; region means an area or several areas designated under this Part.
(2) Nothing in subsection (1) prevents a police officer from exercising any function referred to in that subsection or any other function under the provision, warrant, order or instrument. Pt 9A Div. 5 (Heading and ss. inserted by No. 59/2015 s. 21. Division 5—General S. 104DD inserted by No. 59/2015 s. 21. 104DD Use of reasonable force by police custody officers (1) A police custody officer may, where necessary, use reasonable force to compel a person the police custody officer is managing, transporting or supervising under this Part to obey an order given by the police custody officer in the exercise of a function or power the police custody officer has under this Part. (2) A police custody officer who uses force in accordance with this section is not liable for injury or damage caused by that use of force. S. 104DE inserted by No. 59/2015 s. 21. 104DE Dealing with seized items The officer in charge of a police gaol must deal in accordance with the regulations with any thing, other than a drug of dependence, that is seized under this Part. S. 104DF inserted by No. 59/2015 s. 21. 104DF General power to authorise transfers of detained persons (1) The Chief Commissioner of Police may, by instrument, authorise the transfer of a detained person in the legal custody of the Chief Commissioner from— (a) a police gaol to another police gaol; or
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 No. 31/2017 s. 11(2)(a). (i) to reduce the risk of a person committing a violent offence or a sexual offence or both; 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)(db) inserted by No. 31/2017 s. 11(2)(c). (db) if the use or disclosure is to the Independent Broad-based Anticorruption Commission established under section 12 of the Independent Broad-based Anticorruption Commission Act 2011;
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.
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. (2) In this section— change of name application has the same meaning as in section 47G; Registrar means the Registrar of Births, Deaths and Marriages under the Births, Deaths and Marriages Registration Act 1996. S. 115B inserted by No. 49/2006 s. 8. 115B Transitional provision—Corrections and Other Justice Legislation (Amendment) Act 2006 (1) This Act as amended by section 6 of the Corrections and Other Justice Legislation (Amendment) Act 2006 applies to warrants issued by the Adult Parole Board or a magistrate
(6B) The Board must determine under subsection (6A) to cancel the parole of the prisoner unless the Board is satisfied that circumstances exist that justify the continuation of the parole.". S. 123 inserted by No. 46/2013 s. 4. 123 Transitional provisions—Corrections Amendment (Breach of Parole) Act 2013 (1) Section 78A applies in respect of an offence alleged to have been committed on or after the commencement of section 3 of the Corrections Amendment (Breach of Parole) Act 2013. (2) For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of section 3 of the Corrections Amendment (Breach of Parole) Act 2013, the offence is alleged to have been committed before that commencement. S. 124 inserted by No. 62/2013 s. 13. 124 Transitional provisions—Corrections Amendment (Parole Reform) Act 2013 The amendments made by the Corrections Amendment (Parole Reform) Act 2013 do not affect the appointment of the chairperson or any member of the Adult Parole Board made before the commencement of section 4 of that Act. S. 125 inserted by No. 12/2014 s. 21. 125 Transitional provisions—Corrections Legislation Amendment Act 2014 (1) The Minister may vary or cancel a lease or licence— (a) granted over Crown land— (i) reserved for prison purposes under section 4 of the Crown Land (Reserves) Act 1978; and (ii) on which a prison is or is to be located; and
even if the parole order is made before that commencement. S. 127 inserted by No. 76/2016 s. 8. 127 Transitional—Justice Legislation Amendment (Parole Reform and Other Matters) Act 2016 Without limiting the application of the amendments made by Division 1 of Part 3 of the Justice Legislation Amendment (Parole Reform and Other Matters) Act 2016 in respect of applications for parole that are made on or after the commencement of those amendments, the amendments made by that Division also apply to an application for parole that is made, but has not been determined, before that Division comes into operation. S. 128 inserted by No. 31/2017 s. 13. 128 Transitional—Corrections Legislation Miscellaneous Amendment Act 2017 Section 74AAB as amended by section 8 of the Corrections Legislation Miscellaneous Amendment Act 2017 applies to a prisoner sentenced to imprisonment for a terrorism or foreign incursion offence, whether before or after the commencement of section 8 of that Act. Sch. 1 amended by No. 16/1987 s. 4(3)(Sch. 1 item 7(m)), repealed by No. 11/1993 s. 7(1)(g). * * * * *
Assent Date: 7.11.01 Commencement Date: S. 3(Sch. item 4) on 20.12.01: Government Gazette 20.12.01 p. 3127 : This information relates only to the provision/s amending the Corrections Act 1986 Sentencing (Amendment) Act 2002, No. 2/2002 Assent Date: 26.3.02 Commencement Date: Ss 12, 13 on 2.5.02: Government Gazette 2.5.02 p. 789 : This information relates only to the provision/s amending the Corrections Act 1986 Criminal Justice Legislation (Miscellaneous Amendments) Act 2002, No. 35/2002 Assent Date: 18.6.02 Commencement Date: Ss 7–10 on 19.6.02: s. 2(1) : This information relates only to the provision/s amending the Corrections Act 1986 Corrections (Amendment) Act 2003, No. 38/2003 Assent Date: 11.6.03 Commencement Date: 12.6.03: s. 2 : All of Act in operation Corrections and Sentencing Acts (Home Detention) Act 2003, No. 53/2003 Assent Date: 16.6.03 Commencement Date: Ss 11–19 on 1.1.04: s. 2(5); ss 20, 21 never proclaimed, repealed by No. 79/2006 s. 15 : This information relates only to the provision/s amending the Corrections Act 1986 Corrections (Further Amendment) Act 2004, No. 14/2004 Assent Date: 18.5.04 Commencement Date: 30.8.04: s. 2(2) : All of Act in operation Drugs, Poisons and Controlled Substances and Therapeutic Goods () Acts (Amendment) Act 2004, No. 74/2004 Assent Date: 9.11.04 Commencement Date: S. 21 on 10.11.04: s. 2 : This information relates only to the provision/s amending the Corrections Act 1986 Corrections and Major Crime (Investigative Powers) Acts (Amendment) Act 2004, No. 97/2004 Assent Date: 14.12.04 Commencement Date: Ss 3–5 on 15.12.04: s. 2(2) : This information relates only to the provision/s amending the Corrections Act 1986 Public Administration Act 2004, No. 108/2004
Serious Sex Offenders (Detention and Supervision) and Other Acts Amendment Act 2015, No. 52/2015 Assent Date: 13.10.15 Commencement Date: S. 43 on 14.10.15: s. 2(1); ss 42, 44, 45 on 1.12.15: Special Gazette (No. 363) 24.11.15 p. 1 : This information relates only to the provision/s amending the Corrections Act 1986 Justice Legislation Amendment (Police Custody Officers) Act 2015, No. 59/2015 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