Division 4A—Letters to and from prisoners 101 47AA Definitions 101 47A Suspected dangerous letters may be disposed of 102 47B Certain confidential letters may be inspected 102 47C All other letters may be opened and read 103 47D When letters may be stopped and censored 104 47DA Offence for prisoner to send distressing or traumatic letters 105 47E Letter register 105 Division 5—Change of name applications by prisoners 106 47F Application 106 47G Definitions 106 47H Applications for change of name by or on behalf of a prisoner 107 47I Approval by Secretary 107 47J Approval to be notified in writing 108 47K Registration of change of name 108 47L Registrar may correct Register 109 47M Information-sharing between the Secretary and the Victorian Registrar 109 Part 7—Prison discipline 110 48 Definitions 110 49 Disciplinary officers 110 50 Prison offences 111 51 Governor's action where charge laid 112 52 Secretary may nominate Governor to hear charge 113 53 Governor's hearing 113 54A Power of Secretary to withdraw privileges 115 Part 8—Temporary absence from prison 117 Division 1—Definitions 117 55 Definitions 117 Division 1A—Escort officers 119 55A Powers of Secretary in relation to escort officers 119 55B Escort officers subject to direction of court or tribunal 119 55C Functions and powers of escort officers in relation to prisoners 120 55D Authorisation of instruments of restraint 122 55E Use of reasonable force 122 55EA Issue of firearms to escort officers 122 55EB Discharge of firearms 123 55EC Discharge of non-lethal firearm 124 55F Report to Secretary 124
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 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 personal safety intervention order inserted by No. 53/2010 s. 221(Sch. item 3.1(a)) personal safety intervention order means— (a) a personal safety intervention order within the meaning of the Personal Safety Intervention Orders Act 2010; or (b) an intervention order within the meaning of the Stalking Intervention Orders Act 2008 (as in force immediately before its repeal); or (c) an order made under section 4 of the Crimes (Family Violence) Act 1987 of a kind referred to in section 21A(5) of the Crimes Act 1958, both as in force immediately before their repeal; S. 3(1) def. of police custody transfer order inserted by No. 10/2013 s. 4(2). police custody transfer order means a police custody transfer order made under section 56D; police gaol means a police gaol under Part 3;
S. 3(1) def. of 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; volunteer means a person whose name appears in the Register of Volunteers kept under Part 4.
(e) if the person is in the community in the legal custody of the Secretary, when the person does anything that constitutes an offence under section 479C(2) or (3) of the Crimes Act 1958. S. 6B(2) inserted by No. 5/2006 s. 14(4). (2) Despite subsection (1)(a), a person being detained under an order referred to in section 6(ca) who is in the legal custody of the Secretary does not cease to be in the legal custody of the Secretary on the expiration of the order if— (a) another such order comes into force in relation to the person immediately after that expiration; or (b) another such order continues in force in relation to the person. S. 6C inserted by No. 45/2001 s. 5. 6C Persons not regarded to be in the Secretary's legal custody (1) Despite section 6A, the following persons are not to be regarded as being in the Secretary's legal custody— (a) a person who is on parole; (b) a person who is serving a combined custody and treatment order and who is in the community under that order; S. 6C(1)(ba) inserted by No. 2/2002 s. 13(1). (ba) a person who is subject to a drug treatment order and who is in the community under that order;
(b) another such order continues in force in relation to the person. S. 6F inserted by No. 45/2001 s. 5. 6F Powers of court or tribunal not to be affected (1) Every person in the legal custody of the Secretary under this Part who is brought before a court or tribunal remains in the legal custody of the Secretary, subject to any lawful order or direction of the court or tribunal. (2) Every person in the legal custody of the Chief Commissioner of Police under this Part who is brought before a court or tribunal remains in the legal custody of the Chief Commissioner, subject to any lawful order or direction of the court or tribunal. (3) The fact that a person appearing before a court or tribunal is in the legal custody of the Secretary or the Chief Commissioner of Police does not affect any power or authority of the court or tribunal to make orders or directions in relation to the person in respect of the proceedings before the court or tribunal. _______________ 7 Functions of Secretary S. 7(1) repealed by No. 45/1996 s. 17(Sch. 1 item 3(a)), new s. 7(1) inserted by No. 21/2008 s. 4(1). (1) The Secretary is responsible for monitoring performance in the provision of all correctional services to achieve the safe custody and welfare of prisoners and offenders.
Pt 2A Div. 3 (Heading and ss 9AA–9AC) inserted by No. 94/1994 s. 10, substituted by No. 26/1997 s. 10. Division 3—Agreements with the Chief Commissioner of Police 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
S. 9D(3) amended by No. 45/1996 s. 17(Sch. 1 item 12), substituted by No. 26/1997 s. 15(1). (3) A monitor referred to in subsection (2) must make an annual report in writing to the Secretary on his or her operations. That report is to form part of the Department's annual report under the Financial Management Act 1994. S. 9D(3A) inserted by No. 26/1997 s. 15(1). (3A) A monitor referred to in subsection (2A) must make an annual report in writing to the Chief Commissioner of Police on his or her operations. That report is to form part of the Chief Commissioner's annual report under the Financial Management Act 1994. S. 9D(4) amended by No. 94/1994 s. 15(2)(a). (4) A contractor or sub-contractor must give a monitor free and unfettered access at all times— S. 9D(4)(a) amended by Nos 94/1994 s. 15(2)(b)(c), 26/1997 s. 15(2). (a) to all premises, places or vehicles under the management or control of the contractor or sub-contractor (as the case requires) in accordance with, or for the purposes of, an agreement under section 8B(1), 9(1) or 9AA or a sub-contract agreement under that agreement and to all persons detained or employed there; and S. 9D(4)(b) amended by No. 94/1994 s. 15(2)(b). (b) to all documents in the possession of the contractor or sub-contractor (as the case requires) as a provider of services under this Act. S. 9E inserted by No. 11/1993 s. 4(1). 9E Minimum standards S. 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. 30C(3)(a)(ii) inserted by No. 49/2006 s. 5(7)(a), amended by No. 91/2009 s. 203(1). (ii) an offender who is or was subject to an extended supervision order, a supervision order or a detention order, or an application for an extended supervision order, a supervision order or a detention order— against that person; or S. 30C(3)(b) amended by No. 49/2006 s. 5(7)(b). (b) can demonstrate, to the satisfaction of the Secretary, a substantial connection to the offence for which the prisoner is serving a sentence of imprisonment; or S. 30C(3)(c) inserted by No. 49/2006 s. 5(7)(c), amended by No. 91/2009 s. 203(1). (c) can demonstrate, to the satisfaction of the Secretary, a substantial connection to the relevant offence for which the offender is or was subject to an extended supervision order, a supervision order or a detention order, or an application for an extended supervision order, a supervision order or a detention order. S. 30C(4) inserted by No. 49/2006 s. 5(8), amended by No. 91/2009 s. 203(2). (4) If a person makes an application under section 30B after the expiry of the relevant sentence of imprisonment or the relevant extended supervision order, supervision order or detention order, the Secretary is not required to include the person on the victims register. S. 30D inserted by No. 14/2004 s. 8. 30D Secretary may refuse to include nominee details for person included on victims register (1) If an applicant under section 30B includes details of a nominee to whom the applicant wishes information under section 30A to be disclosed, the Secretary may include those details in respect of the applicant as part of the inclusion of the applicant as a person on the victims register if satisfied that it is appropriate to do so. (2) If an applicant under section 30B is included on the victims register, the Secretary may refuse to
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. 32(4A) inserted by No. 16/1991 s. 8, amended by No. 37/2014 s. 10(Sch. item 32.5). (4A) A prison officer who has apprehended a person pursuant to subsection (4) must as soon as possible deliver the person to the custody of a police officer to be dealt with according to law. (5) The Crimes Act 1958 (except section 458(1) and 458(2)) applies to the apprehension of a person under this section as if the person were found committing an offence within the meaning of section 458(1)(a) of that Act. Division 2—Access to prisons 33 Definitions In this Division— S. 33 def. of independent prison visitor inserted by No. 10/2013 s. 13(b). independent prison visitor means an independent prison visitor appointed under this Division; S. 33 def. of official visitor repealed by No. 10/2013 s. 13(a). * * * * * S. 33 def. of visitor amended by Nos 45/1996 ss 7(b), 17(Sch. 1 item 25), 82/2012 s. 285(2), 10/2013 s. 13(c), 37/2014 s. 10(Sch. item 32.6). visitor means any of the following persons— (a) a judge of the Supreme Court; (b) a judge of the County Court; (c) a magistrate; * * * * * (e) an independent prison visitor; (f) an Ombudsman officer (within the meaning of the Ombudsman Act 1973);
(6) A prison officer is not liable for injury or damage caused by the use of force in accordance with this section. 40 Visits by lawyers and their assistants (1) A lawyer acting in the course of the lawyer's practice may at the times fixed by the regulations enter a prison and visit a prisoner. S. 40(2) amended by No. 45/1996 s. 17(Sch. 1 item 27). (2) As well as the visits authorized by subsection (1) a lawyer acting in the course of the lawyer's practice may with the permission of the Minister, the Secretary or the Governor enter a prison and visit a prisoner. (3) With the Governor's permission, a person authorized by a lawyer to act on the lawyer's behalf in connection with the lawyer's practice may enter a prison and visit a prisoner. 41 Visits by the police S. 41(1) amended by No. 37/2014 s. 10(Sch. item 32.7). (1) A police officer may at the times fixed by the regulations enter a prison and visit a prisoner. S. 41(2) amended by Nos 45/1996 s. 17(Sch. 1 item 28), 37/2014 s. 10(Sch. item 32.7). (2) As well as visits authorized by subsection (1), a police officer may with the permission of the Secretary or the Governor enter a prison and visit a prisoner at any time stated in the permission. S. 41(3) amended by No. 37/2014 s. 10(Sch. item 32.7). (3) A prisoner may refuse a visit from a police officer under this section. S. 41(4) amended by No. 37/2014 s. 10(Sch. item 32.7). (4) A prisoner is not required to answer questions asked by a police officer during a visit authorized by this section.
(g) if intellectually disabled or mentally ill, the right to have reasonable access within the prison or, with the Governor's approval outside a prison to such special care and 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 No. 10/2013 s. 17(2). (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 Services 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—
much of the sentence as the board determines for the purposes of this definition. S. 55(2) repealed by No. 44/1991 s. 6(j). * * * * * Pt 8 Div. 1A (Heading and ss 55A–55J) inserted by No. 45/2001 s. 15. Division 1A—Escort officers S. 55A inserted by No. 45/2001 s. 15. 55A Powers of Secretary in relation to escort officers (1) The Secretary may direct an escort officer to transport or supervise a prisoner. (2) An escort officer must comply with a direction of the Secretary. S. 55B inserted by No. 45/2001 s. 15. 55B Escort officers subject to direction of court or tribunal (1) An escort officer must, if directed by the court, supervise a person who has surrendered himself or herself into the custody of the court in answer to his or her bail. (2) An escort officer must comply with any lawful direction of the court or tribunal when supervising— S. 55B(2)(a) amended by No. 68/2009 s. 97(Sch. item 33.1). (a) a prisoner attending before the court or tribunal; or (b) a person who has surrendered himself or herself into the custody of a court in answer to his or her bail.
Division 5—Parole 61 Establishment of Board (1) There is established a Board by the name of the Adult Parole Board. S. 61(2) amended by No. 11/1993 s. 7(1)(e). (2) The Board consists of— S. 61(2)(a) substituted by Nos 16/1991 s. 16(1)(a), 62/2013 s. 4(1)(a). (a) such number of Judges of the Supreme Court as are appointed by the Governor in Council on the recommendation of the Chief Justice of the Supreme Court; and; S. 61(2)(ab) inserted by No. 10/2013 s. 22(1). (ab) such number of Associate Judges of the Supreme Court as are appointed by the Governor in Council on the recommendation of the Chief Justice of the Supreme Court; and S. 61(2)(b) substituted by No. 16/1991 s. 16(1)(b), amended by No. 62/2013 s. 4(1)(b). (b) such number of Judges of the County Court as are appointed by the Governor in Council on the recommendation of the Chief Judge of the County Court; and S. 61(2)(c) substituted by No. 16/1991 s. 16(1)(b), amended by No. 62/2013 s. 4(1)(c). (c) such number of Magistrates as are appointed by the Governor in Council on the recommendation of the Chief Magistrate; and S. 61(2)(d) substituted by No. 91/2009 s. 205. (d) one or more persons appointed by the Governor in Council as full-time members; and S. 61(2)(da) inserted by No. 16/1991 s. 16(1)(c), amended by No. 62/2013 s. 4(1)(d). (da) one or more retired Judges of the Supreme Court or the County Court or a superior court or an intermediate court or retired Magistrates, appointed by the Governor in Council; and
S. 72(5) amended by Nos 53/2003 s. 17(3), 1/2005 s. 47(5), 91/2009 s. 211(3). (5) When the Minister requires the Board must give to the Minister a report on a matter stated in the requirement and relating to the operation of this Division or Division 4 or the Serious Sex Offenders Monitoring Act 2005 or the Serious Sex Offenders (Detention and Supervision) Act 2009 or the activities of the Board. S. 72(6) repealed by No. 65/1997 s. 81(c). * * * * * S. 72(7) amended by No. 45/2001 s. 37. (7) At the request of the Attorney-General for the Commonwealth the Minister may authorize the Board or the Secretary— (a) to make reports and recommendations concerning a person detained in a prison in Victoria under or pursuant to a law of the Commonwealth, to the Attorney-General for the Commonwealth at the intervals and times required by the Attorney-General for the Commonwealth; and (b) to exercise a power or perform a function in relation to a person who is or has been detained in a prison in under or pursuant to a law of the Commonwealth which is a power or function which the Attorney-General for the Commonwealth might exercise or perform in relation to that person. S. 72(8) inserted by No. 62/2013 s. 10(2). (8) In this section— serious offence means a sexual offence or a serious violent offence, both within the meaning of section 77(9).
S. 74(5B) inserted by No. 12/2014 s. 14(3). (5B) If an electronic monitoring requirement is attached to a term or condition of a parole order, the Board or Secretary may give the prisoner such directions as the Board or Secretary considers necessary for the electronic monitoring of the compliance of the term or condition. S. 74(5C) inserted by No. 12/2014 s. 14(3). (5C) A prisoner on parole must comply with a condition to which the parole order is subject under subsection (5A) unless the prisoner has a reasonable excuse. Penalty: 3 months imprisonment or 30 penalty units or both. S. 74(6) amended by No. 45/1996 s. 17(Sch. 1 item 47). (6) If the terms and conditions of a parole order require a prisoner to be under supervision, the Secretary must assign an officer to supervise the prisoner and may from time to time assign other officers to supervise the prisoner in place of the officer first assigned. (7) A prisoner released on parole must during the parole period comply with the terms and conditions of the parole order. (8) As soon as possible after making a determination revoking or cancelling a parole order the Board must give a copy of the determination to the prisoner including the reasons for the determination. S. 74(8A) inserted by No. 69/2005 s. 26(2), substituted by No. 26/2014 s. 455(Sch. item 6.7). (8A) The Board may make a parole order for a person who is detained in a designated mental health service under a Court Secure Treatment Order or Secure Treatment Order, but the parole order does not take effect until the person is discharged as a security patient under the Mental Health Act 2014.
(9) In this section— conviction includes a finding of guilt by a court, whether or not a conviction is recorded; 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 75A (armed robbery); (ii) section 77 (aggravated burglary); (iii) section 197A (arson causing death); (c) false imprisonment; (d) an offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in paragraphs (b) and (c); (e) any other offence, whether committed in Victoria or elsewhere, the necessary elements of which consist of elements that constitute any of the offences referred to in paragraphs (b) to (d); sexual offence means an offence listed in Schedule 1 to the Serious Sex Offenders (Detention and Supervision) Act 2009; violent offence means an offence listed in Schedule 3. 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.
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— (a) the breach of a term or condition of the parole order that constitutes the offence is not trivial or minor; and (b) the detention is necessary to prevent the prisoner continuing the breach or committing a further breach of a term or condition of the parole order. S. 78B(3) amended by No. 37/2014 s. 10(Sch. item 32.13). (3) 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, must be detained in custody if the alleged breach of a term or condition of the parole order is— (a) the commission of an offence punishable by imprisonment, other than an offence against section 78A; or (b) a breach of a term or condition of the parole order that is prescribed for the purposes of this section.
92 Additional duties of Regional Manager (1) The Regional Manager of a region is responsible for the management good order and security of the locations in the region. S. 92(2) amended by No. 49/1991 s. 119(7) (Sch. 4 item 3.8). (2) The Regional Manager of a region must take reasonable steps to ensure that officers working in the region have access to information as to what their powers and duties are and what provision is made by or under this Act and the Sentencing Act 1991 concerning locations and offenders. (3) The Regional Manager of a region must give all necessary directions to ensure that— (a) officers within the meaning of paragraph (e) of the definition of officer in section 85 and who are working in or assigned to the region, comply with the provisions of this Act, and the regulations concerning the security of locations; and S. 92(3)(b) amended by No. 49/1991 s. 119(7) (Sch. 4 item 3.8). (b) other officers working in or assigned to the region comply with this Act, the regulations, and the Sentencing Act 1991. Division 4—Discipline of offenders 93 Additional directions by community corrections officers (1) A community corrections officer may give directions (not inconsistent with any correctional order) to an offender concerning the work which the offender is to undertake at a location and the
(b) any use of force by a community corrections officer to compel the monitored person to obey a direction that has been reported to the Regional Manager. S. 104J inserted by No. 81/2005 s. 9. 104J Officers to give reports if required (1) An officer must, when required by the Secretary— (a) report to a court concerning the monitored person; and (b) report to the Adult Parole Board concerning the person. (2) In relation to officers within the meaning of paragraph (e) of the definition of officer in section 85, subsection (1) applies as if it only referred to reports concerning the monitored person that relate to the security of the centre. S. 104K inserted by No. 81/2005 s. 9. 104K Photographing (1) While the monitored person is at a community corrections centre, an officer may at any time take photographs of the person for the purposes of identifying the person, or of completing records concerning the person. (2) An officer may give to the person all necessary directions to ensure the taking of accurate photographs. S. 104K(3) substituted by No. 91/2009 s. 216. (3) Any direction given under subsection (2) is deemed to be— (a) in the case of a person who is subject to an extended supervision order or interim extended supervision order under the Serious Sex Offenders Monitoring Act 2005, a lawful direction of the Secretary
(1) The officer must, when required by the Secretary— (a) report to a court concerning the monitored person; and (b) report to the Adult Parole Board concerning the person. (2) Subsection (1) does not apply to officers within the meaning of paragraph (e) of the definition of officer in section 85. Division 4—Obligations of regional managers S. 104N inserted by No. 81/2005 s. 9. 104N Regional Manager to ensure that officers have access to certain information S. 104N(1) amended by No. 91/2009 s. 218(1). (1) The Regional Manager of a region must take reasonable steps to ensure that officers working in the region have access to information as to what their powers and duties are under, and as to what provision is made by or under, this Act, the Serious Sex Offenders (Detention and Supervision) Act 2009 and the Serious Sex Offenders Monitoring Act 2005 concerning monitored people to whom this Part applies. S. 104N(2) amended by No. 91/2009 s. 218(2). (2) The Regional Manager of a region must give all necessary directions to ensure that officers working in, or assigned to, the region comply with this Act, the regulations, the Serious Sex Offenders (Detention and Supervision) Act 2009 and the Serious Sex Offenders Monitoring Act 2005 in relation to the monitored people to whom this Part applies. (3) In this section, region means an area, or several areas, designated under Part 9 as a region.
(b) the amount of any payments under subsection (2). __________________ Pt 9E (Heading and ss inserted by No. 10/2013 s. 35. 104ZX Definitions S. 104ZX inserted by No. 10/2013 s. 35. In this Part— Corrections legislation means any of the following— (a) this Act; (b) the Community Based Sentences (Transfer) Act 2012; (c) the Parole Orders (Transfer) Act 1983; (d) the Prisoners (Interstate Transfer) Act 1983; (e) the Serious Sex Offenders (Detention and Supervision) Act 2009; (f) the regulations made under any Act referred to in paragraph (a), (b), (c), (d) or (e); information includes photographs, fingerprints, samples and results of tests; official duties includes the following— (a) the administration of Corrections legislation;
(a) the management, good order and security of prisons and locations and the discipline and welfare of prisoners and offenders, the privileges of prisoners and the procedures for hearing and dealing with prison offences and acts of misconduct by offenders; S. 112(1)(aa) inserted by No. 15/1989 s. 30(1). (aa) the management, good order and security of police gaols and the discipline and welfare of people detained in them, and the procedures for hearing and dealing with offences and acts of misconduct committed by people detained in police gaols; S. 112(1)(ab) inserted by No. 45/2014 s. 5. (ab) the prohibition and regulation of smoking in a prison or in any part of a prison; S. 112(1)(ac) inserted by No. 45/2014 s. 5. (ac) the prohibition and regulation of entry, use and possession of tobacco products and tobacco smoking accessories in a prison or in any part of a prison; S. 112(1)(b) amended by No. 16/1991 s. 17(a). (b) the establishment of training institutions for officers under Part 5 or Part 9; S. 112(1)(ba) inserted by No. 16/1991 s. 17(b). (ba) the training, discipline and conduct of officers; S. 112(1)(c) amended by No. 15/1989 s. 30(2). (c) the medical and dental testing and treatment (including vaccination) of prisoners, offenders and people detained in police gaols; S. 112(1)(d) amended by No. 15/1989 s. 30(3). (d) the manner of dealing with property belonging to, sent to, or delivered for prisoners and people detained in police gaols and restrictions on the storage in a prison of property belonging to prisoners and people detained in police gaols;
(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. (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.