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 of Health Services inserted by No. 45/2001 s. 23(2), repealed by No. 22/2016 s. 164(a).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 of home detention order inserted by No. 53/2003 s. 11(1), repealed by No. 48/2011 s. 3(b).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 of hospital security order inserted by No. 69/2005 s. 26(1), repealed by No. 26/2014 s. 455(Sch.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 Human Rights inserted by No. 45/2001 s. 23(2). Human Rights Commissioner means the Human Rights Commissioner appointed under the Human Rights and Equal Opportunity Commission Act 1986 of the Commonwealth; S. 3(1) def. of lawyer substituted by No. 18/2005 s. 18(Sch. 1 item 22.1), amended by No. 17/2014 s. 160(Sch. 2 item 23). lawyer means an Australian lawyer;
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 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; (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
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. 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 more than one sentence of imprisonment, on the expiration of all of those sentences of imprisonment, unless the person is also in that custody for some other reason; or (b) when the Chief Commissioner acting under lawful direction or authority releases the person from the Chief Commissioner's legal custody; or
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. S. 7(2) amended by No. 45/1996 s. 17(Sch. 1 item 3(b)), repealed by No. 55/2009 s. 3. * * * * * S. 8 amended by No. 16/1991 ss 14(2), 15(2), substituted by No. 94/1994 s. 5. 8 Delegation S. 8(1) amended by Nos 45/1996 s. 17(Sch. 1 item 4(a)(b)), 46/1998 s. 7(Sch. 1), 41/2015 s. 36. (1) The Secretary may, by instrument, delegate to the Commissioner or to any other employee of the Department or to any officer within the meaning of Part 5 or Part 9 any function, power, duty or responsibility of the Secretary— S. 8(1)(a) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 45.2). (a) under this Act or the regulations or under any other Act other than the Public Administration Act 2004; or S. 8(1)(ab) inserted by No. 45/2001 s. 24, amended by No. 108/2004 s. 117(1) (Sch. 3 item 45.2). (ab) under regulations made under any Act other than the Public Administration Act 2004; or
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. 9AB inserted by No. 94/1994 s. 10. 9AB Matters to be included in agreement (1) An agreement under section 9AA must provide for— (a) compliance by the contractor with all relevant provisions of this Act or the regulations or of any other Act or instrument of a legislative character; (b) objectives and performance standards in relation to the provision of services; (c) the fees, costs and charges to be paid to the contractor;
S. 9A(1) amended by No. 94/1994 s. 12(1), substituted by No. 22/1996 s. 4(1), amended by No. 45/1996 s. 17(Sch. 1 item 10). (1) The Secretary may, by instrument, authorise a contractor under Division 1 or 2 or a subcontractor of that contractor or a person employed by that contractor or sub-contractor to exercise all or any of the functions or powers under this Act or the regulations or under any other Act or the regulations under that Act of— S. 9A(1)(a) amended by No. 45/1996 s. 17(Sch. 1 item 10). (a) the Secretary; or (b) an officer within the meaning of Part 5; or S. 9A(1)(c) amended by No. 45/2001 s. 7(a). (c) an officer within the meaning of Part 9; or S. 9A(1)(d) inserted by No. 45/2001 s. 7(b). (d) an escort officer. S. 9A(1A) inserted by No. 94/1994 s. 12(2), substituted by No. 45/1996 s. 12, amended by No. 37/2014 s. 10(Sch. item 32.2). (1A) The Chief Commissioner of Police may, by instrument, authorise a contractor under Division 3 or a sub-contractor of that contractor or a person employed by that contractor or subcontractor to exercise all or any of the functions or powers as may be exercised under section 27 of the Bail Act 1977 or Part 9A of this Act or under the regulations made under this Act by a police officer. S. 9A(1B) inserted by No. 26/1997 s. 12(1). (1B) The Chief Commissioner may, by instrument, authorise a contractor under an agreement entered into under section 9AA or a sub-contractor of that contractor or a person employed by that contractor or sub-contractor—
(e) is employed or will be employed by the contractor or proposed contractor. S. 9B(3) amended by No. 45/1996 s. 17(Sch. 1 item 11). (3) The Chief Commissioner of Police must cause appropriate enquiries to be made in response to a request made under subsection (1) and report the results of those enquiries to the Secretary. S. 9B(4) inserted by No. 94/1994 s. 13(2), amended by No. 45/1996 s. 17(Sch. 1 item 11). (4) The Secretary must give a copy of a report under subsection (3) to the Minister if it was sought in relation to a proposed agreement under section 8B(1). S. 9C inserted by No. 11/1993 s. 4(1). 9C Status of staff S. 9C(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
those stated in the person's instrument of appointment as an honorary probation officer or an honorary parole officer. Division 1—General 14 Definitions In this Part— S. 14 def. of officer amended by Nos 23/1994 s. 118(Sch. 1 item 14.1), 45/1996 s. 7(a), 24/2006 s. 6.1.2(Sch. 7 item 10.1), 13/2010 s. 51(Sch. item 16.2), 76/2013 s. 23. officer means a person who is— (a) a Governor; or (b) a prison officer; or (c) a volunteer; or (d) working in a prison or with prisoners 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 * * * * *
S. 16(2) amended by Nos 45/1996 s. 17(Sch. 1 item 16), 46/1998 s. 7(Sch. 1), 29/2010 s. 52(2). (2) Before authorizing a person to act as medical officer the Secretary must consult with the Secretary to the Department of Health. (3) An authority under subsection (1) may be given subject to such conditions and limitations as are stated in the authority. S. 16(4) substituted by No. 10/2013 s. 9(3). (4) This Act applies to a person authorized to act as principal medical officer or as medical officer as if the person were a principal medical officer or medical officer (as the case may be). S. 17 substituted by No. 94/1994 s. 19. 17 Powers of Secretary S. 17(1) amended by Nos 45/1996 s. 17(Sch. 1 item 17), 45/2001 s. 14. (1) The Secretary has and may exercise all or any of the powers or functions of a Governor of a prison or a prison officer or escort officer under this Act. S. 17(2) amended by No. 45/1996 s. 17(Sch. 1 item 17). (2) The Secretary may exercise the powers and functions under subsection (1) in relation to a particular prison or class of prisons or in relation to all prisons in . S. 17(3) amended by Nos 45/1996 s. 17(Sch. 1 item 17), 45/2001 s. 14. (3) An exercise by the Secretary of any power or function under subsection (1) in relation to a matter, prevails over the exercise by a Governor or prison officer or escort officer of that power or function in relation to that matter. 18 Prison officer subject to direction of principal of training institutions
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. S. 20(7) amended by No. 45/1996 s. 17(Sch. 1 item 18(a)(b)). (7) At the Secretary's request an officer must make available to the Secretary a return or report prepared under subsection (4), or a record kept under subsection (5). 21 Duties of Governor (1) The Governor of a prison is responsible for the management, security and good order of the prison and the safe custody and welfare of the prisoners. (2) The Governor of a prison must take reasonable steps to ensure that officers assigned to the prison know what their powers and duties are and what
S. 30C(3)(a)(ii) inserted by No. 49/2006 s. 5(7)(a), amended by Nos 91/2009 s. 203(1), 41/2015 s. 24(1). (ii) an offender who is or was subject to a supervision order or a detention order, or an application for 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 Nos 91/2009 s. 203(1), 41/2015 s. 24(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 a supervision order or a detention order, or an application for a supervision order or a detention order. S. 30C(4) inserted by No. 49/2006 s. 5(8), amended by Nos 91/2009 s. 203(2), 41/2015 s. 24(2). (4) If a person makes an application under section 30B after the expiry of the relevant sentence of imprisonment or the relevant 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 include details of an applicant's nominee if the
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); (g) a person authorized to visit a prison by the Minister, the Secretary or a Governor; (h) a person who visits a prison under section 37; (i) a lawyer; (j) a person authorized by a lawyer to act on the lawyer's behalf; (k) a police officer; (l) a person authorized to visit a prison under a contact visiting programme or a residential visiting programme. S. 34 amended by No. 45/1996 s. 7(c). 34 Visits by judges or magistrates (1) A judge of the Supreme Court or the County Court or a magistrate may visit any prison at any time. (2) A person who visits a prison under this section may report on the visit to the Minister. (3) A person's report under this section to the Minister may include recommendations as to the action to be taken concerning any matters mentioned in the report.
S. 35 substituted by No. 10/2013 s. 14. 35 Appointment of independent prison visitors (1) The Minister may appoint independent prison visitors for each prison. (2) The terms and conditions of appointment of an independent prison visitor are those stated in the instrument of appointment. S. 36 repealed by No. 10/2013 s. 15. * * * * * 37 Visits by relatives or friends (1) With the permission of the Governor, a prisoner's relatives or friends may enter a prison and visit the prisoner. (2) A relative or friend who visits a prisoner may see and speak with the prisoner but is not permitted to touch the prisoner, unless the visit is part of a contact visiting programme or residential visiting programme. (3) The Governor may give to a visitor under this section such orders as are necessary for the management and good order and security of the prison. (4) A visitor who disobeys a Governor's order is guilty of an offence. 5 penalty units. 38 Contact visiting and residential visiting S. 38(1) amended by No. 45/1996 s. 17(Sch. 1 item 26). (1) The Secretary may in accordance with the regulations by instrument approve contact visiting programmes under which a prisoner's family and friends may visit and have physical contact with the prisoner.
43 Governor may refuse or terminate visits for security reasons (1) If the Governor of a prison believes on reasonable grounds that the security of the prison or the safety of a visitor is threatened, the Governor may— (a) by order prohibit a person from entering the prison as a visitor; or (b) order the visitor to leave the prison immediately. S. 43(1A) inserted by No. 94/1994 s. 21(1), amended by No. 45/1996 s. 17(Sch. 1 item 30). (1A) Without limiting any other power of the Secretary under this Act, if the Secretary believes on reasonable grounds that the good order or security of prisons or the safety of prisoners or visitors to prisons is threatened, the Secretary may by order prohibit a person from entering all or any prisons in Victoria as a visitor. S. 43(1B) inserted by No. 94/1994 s. 21(1). (1B) An order under subsection (1A) in relation to a matter prevails over any order under subsection (1) or section 39 in relation to that matter. S. 43(2) amended by No. 94/1994 s. 21(2). (2) A person who disobeys an order under this section is guilty of an offence. 5 penalty units. (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.
S. 47B(2)(i) amended by No. 20/2017 s. 134(Sch. 1 item 4.2(c)). (i) a person authorised to act on behalf of a person or body referred to in paragraph (b), (c), (d), (e), (f) or (h); (j) a person or body prescribed for the purposes of section 47(1)(m)— the Governor may hold the letter and notify the prisoner and the correspondent of the Governor's suspicions. S. 47B(2A) inserted by No. 41/2015 s. 15(1). (2A) The Governor may open and inspect a letter referred to in subsection (2)— (a) in the presence of the prisoner and a representative of the correspondent; or (b) in accordance with any alternative arrangement agreed with the correspondent. S. 47B(3) amended by Nos 18/2005 s. 18(Sch. 1 item 22.3), 41/2015 s. 15(2). (3) If the Governor has not received a response from the correspondent within 7 days after notice is given under subsection (2), the Governor may require the prisoner to open the letter to enable the Governor to inspect it. S. 47B(4) amended by No. 10/2013 s. 18. (4) If the letter is to, or from, the Minister, a member of Parliament, the Secretary, the Commissioner or an independent prison visitor, the Governor may require the prisoner to open the letter to enable the Governor to inspect it. (5) If a prisoner refuses a request to open a letter under subsection (3) or (4), the Governor may open the letter. (6) In opening or inspecting a letter under this section, the Governor— (a) may inspect the envelope, and any associated packet, parcel, container or wrapper; but (b) must not read or censor the letter.
S. 47E(ab) inserted by No. 5/2006 s. 14(9), amended by No. 37/2014 s. 10(Sch. item 32.9(a)). (ab) details of every letter given by a prison officer to a police officer under section 13ZC of the Terrorism (Community Protection) Act 2003; and (b) details of every letter opened under— (i) section 47B(2), (3), (4) or (5); or S. 47E(b)(ii) amended by No. 37/2014 s. 10(Sch. item 32.9(b)(i)). (ii) section 28(3) of the Ombudsman Act 1973; and S. 47E(b)(iii) repealed by No. 37/2014 s. 10(Sch. item 32.9(b)(ii)). * * * * * (c) the reasons for opening any letter referred to in paragraph (b); and (d) details of any unauthorised article or substance found in conducting an inspection in relation to a letter; and (e) details of any other action taken in relation to a letter or anything found in or with a letter. Pt 6 Div. 5 (Heading and ss 47F–47L) inserted by No. 97/2004 s. 4. Division 5—Change of name applications by prisoners S. 47F inserted by No. 97/2004 s. 4. 47F Application This Division applies despite anything to the contrary in the Births, Deaths and Marriages Registration Act 1996.
S. 55I(2) amended by Nos 37/2014 s. 10(Sch. item 32.11(a)), 59/2015 s. 11(3). (2) A police officer or police custody officer who is transporting, or assisting in the transport of, a person under this section may do anything in relation to that person that an escort officer transporting the person may do. S. 55I(3) amended by Nos 37/2014 s. 10(Sch. item 32.11(b)), 59/2015 s. 11(4). (3) A person who is being transported only by police officers or police custody officers, or both police officers and police custody officers, under subsection (1) is deemed to be in the legal custody of the Chief Commissioner of Police while being so transported. S. 55I(4) amended by Nos 37/2014 s. 10(Sch. item 32.11(b)), 59/2015 s. 11(5). (4) If one or more police officers or police custody officers assist an escort officer to transport a person under this section, the person is deemed to be in the legal custody of the Secretary while being so transported. S. 55I(5) inserted by No. 59/2015 s. 11(6). (5) A police custody officer may only exercise a power under this section if the Chief Commissioner has directed the police custody officer under section 104DA to transport the person. S. 55J inserted by No. 45/2001 s. 15. 55J Additional powers of escort officers (1) An escort officer may execute a warrant to imprison, or a remand warrant, as if the escort officer was a prison officer.
Pt 8 Div. 2 (Heading and s. 56) amended by Nos 16/1987 s. 4(3)(Sch. 1 item 7(e)), 16/1991 s. 3(2)-(5), 45/1996 s. 17(Sch. 1 item 37(a)(b)), substituted as Pt 8 Div. 2 (Heading and ss 56–56AB) by No. 45/2001 s. 16. Division 2—Transfer of prisoners S. 56 substituted by No. 45/2001 s. 16. 56 Transfers between prisons The Secretary may, by instrument, direct the transfer of a prisoner or a class of prisoner from one prison to another or from one part of a prison to another part of a prison. S. 56AA inserted by No. 45/2001 s. 16. 56AA Transfers to and from police gaols (1) The Secretary may, by instrument, direct the transfer of a prisoner from a prison to a police gaol. (2) The Secretary may, by instrument, authorise the transfer from a police gaol to a prison of a person who is in the legal custody of the Chief Commissioner of Police under Part 1A. S. 56AB (Heading) amended by No. 26/2014 s. 455(Sch. item 6.3). S. 56AB inserted by No. 45/2001 s. 16. 56AB Legal custody of prisoners and detainees transferred to institutions and designated mental health services (1) This section applies if a prisoner in a prison or a person detained in a police gaol is transferred from the prison or police gaol to— 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. 56AB(2)(b) amended by No. 26/2014 s. 455(Sch. item 6.5). (b) in the case of a transfer referred to in subsection (1)(a), if no person is specified under the Mental Health Act 2014, the authorised psychiatrist of the designated mental health service; S. 56AB(2)(c) amended by No. 23/2006 s. 235(c). (c) in the case of a transfer referred to in subsection (1)(b) or (1)(c), if no person is specified under the Disability Act 2006, the chief executive of the place to which the prisoner or person is transferred. (3) A transfer referred to in subsection (1) of a prisoner or person occurs when the person who is to have legal custody of the prisoner or person, or a person acting under lawful authority on behalf of the person who is to have legal custody, accepts physical custody of the prisoner or person.
(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
Secretary or member under this Division, and must presume that the document was duly signed. S. 68(2) amended by Nos 45/1996 s. 17(Sch. 1 item 46(b)), 41/2015 s. 19. (2) A certificate signed by the secretary of the Board which purports to set out the Board's decision or determination on a matter is evidence of the making of that decision or determination by the Board. 69 Functions of Board S. 69(1) amended by Nos 16/1987 s. 4(3)(Sch. 1 item 7(g)), 41/1993 s. 18, 44/1996 s. 11, substituted by No. 53/2003 s. 15. (1) The Board has the functions conferred on it by— (a) this Act and the regulations; and S. 69(1)(ab) inserted by No. 1/2005 s. 47(1), repealed by No. 41/2015 s. 26. * * * * * S. 69(1)(ac) inserted by No. 91/2009 s. 209, repealed by No. 57/2017 s. 45(7). * * * * * S. 69(1)(b) substituted by No. 48/2006 s. 42(Sch. item 8.4). (b) Part 5.6 of the Children, Youth and Families Act 2005 and regulations made under that Part; and S. 69(1)(c) amended by No. 30/2010 s. 53(1). (c) Subdivision (1A) of Division 2 of Part 3 of the Sentencing Act 1991 and the regulations made under that Subdivision. S. 69(1)(d) repealed by No. 30/2010 s. 53(2). * * * * *
S. 70 amended by No. 44/1991 s. 6(1), substituted by No. 45/2001 s. 36, amended by No. 91/2009 s. 210 (ILA s. 39B(1)). 70 Secretary to supply assistance to Board S. 70(1) amended by No. 41/2015 s. 36. (1) The Secretary must provide such employees of the Department and such other assistance to the Board as is necessary to assist the Board— (a) in supervising persons released on parole; and S. 70(1)(aa) inserted by No. 53/2003 s. 16, repealed by No. 48/2011 s. 7. * * * * * S. 70(1)(ab) inserted by No. 1/2005 s. 47(2), amended by No. 21/2008 s. 6(b), repealed by No. 41/2015 s. 27. * * * * * (b) to perform any other of the Board's functions. S. 70(2) inserted by No. 91/2009 s. 210, amended by No. 41/2015 s. 36, repealed by No. 57/2017 s. 45(8). * * * * *
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— S. 72(8) def. of serious offence substituted by No. 31/2017 s. 7, amended by No. 64/2017 s. 11. serious offence means a sexual offence, a serious violent offence or a terrorism or foreign incursion offence. S. 73 (Heading) inserted by No. 1/2005 s. 47(6). S. 73 amended by Nos 44/1991 s. 6(m), 53/2003 s. 18, 1/2005 s. 47(7) (ILA s. 39B(1)). 73 Officers subject to Board's directions
(e) a community corrections officer; (f) an employee of the Department who is authorised under section 104AAB. S. 104AAB inserted by No. 64/2017 s. 21. 104AAB Commissioner may authorise employee to exercise powers of officer The Commissioner may, by instrument, authorise a specified employee of the Department, or an employee holding a specified position in the Department, to exercise the powers of an officer under section 104AAA. Pt 9 Div. 7 (Heading and s. 104AA) inserted by No. 41/2015 s. 43. Division 7—Sentencing Advisory Council to report on offenders subject to community correction orders S. 104AA inserted by No. 41/2015 s. 43. 104AA Annual report (1) This section applies to the Sentencing Advisory Council in addition to the functions conferred on it by the Sentencing Act 1991. (2) For each financial year commencing on or after 1 July 2016, the Sentencing Advisory Council must report for that year the number of persons convicted during that year of a serious offence committed while subject to a community correction order. (3) In this section— community correction order has the same meaning as in section 3(1) of the Sentencing Act 1991; Sentencing Advisory Council means the Sentencing Advisory Council established under Part 9A of the Sentencing Act 1991;
S. 104F inserted by No. 81/2005 s. 9, substituted by Nos 91/2009 s. 215, 41/2015 s. 31, amended by No. 57/2017 s. 45(11). 104F Application of this Division This Division applies if the Post Sentence Authority directs a monitored person to attend a community corrections centre as a condition, imposed under section 16(2)(b) of the Serious Sex Offenders (Detention and Supervision) Act 2009, of the supervision order or interim supervision order to which the monitored person is subject. S. 104G inserted by No. 81/2005 s. 9. 104G Obligations of the officer in charge of the centre The officer in charge of the community corrections centre must take all reasonable steps for the security and management of, and the safety and welfare of, the monitored person at the centre. S. 104H inserted by No. 81/2005 s. 9. 104H Monitored person must comply with certain directions While at the community corrections centre, the monitored person must comply with any direction given by an officer that is necessary for the management, good order or security of the centre. 5 penalty units. S. 104I inserted by No. 81/2005 s. 9. 104I Officers may use force to enforce directions in certain circumstances S. 104I(1) amended by No. 52/2015 s. 45(1). (1) The Regional Manager, a community corrections officer or a specified officer may use reasonable force to compel the monitored person, while at the community corrections centre, to obey a direction if he or she believes on reasonable grounds that the use of force is necessary— (a) to prevent the person or another person being killed or seriously injured; or (b) to prevent serious damage to property.
S. 104I(5) inserted by No. 57/2016 s. 12. (5) A specified officer who applies an instrument of restraint in accordance with this section is not liable for injury or damage caused by that application. 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 S. 104J(1)(b) amended by No. 57/2017 s. 45(11). (b) report to the Post Sentence Authority 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 Nos 91/2009 s. 216, 41/2015 s. 32, amended by No. 57/2017 s. 45(11). (3) Any direction given under subsection (2) is taken to be a lawful direction of the Post Sentence Authority given under section 119 of the Serious Sex Offenders (Detention and Supervision) Act 2009.
Supervision) Act 2009 concerning monitored people to whom this Part applies. S. 104N(2) amended by Nos 91/2009 s. 218(2), 41/2015 s. 34(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 and the Serious Sex Offenders (Detention and Supervision) Act 2009 in relation to the monitored people to whom this Part applies. (3) In this section, region means an area, or several areas, designated under Part 9 as a region. Pt 9C (Headings and ss inserted by No. 50/2008 s. 3. Division 1—Introductory S. 104O inserted by No. 50/2008 s. 3. 104O Definitions In this Part— agreement includes compromise and acceptance of an offer of compromise; award of damages means damages— (a) awarded pursuant to a judgment of a court; or (b) paid or payable in accordance with an agreement between the parties to the agreement; civil wrong means an act or omission of the State— (a) that gives rise to a claim by a prisoner against the State; and
under this Part exceeds the amount to which the person is entitled. S. 104ZW inserted by No. 55/2009 s. 4. 104ZW Payments (1) The Authority is entitled to the reimbursement of its reasonable costs and expenses incurred in representing the Crown under section 104ZU. S. 104ZW(2) amended by No. 67/2013 s. 649(Sch. 9 item 6(6)). (2) The Authority must make any payment of compensation under this Part out of the WorkCover Authority Fund under the Workplace Injury Rehabilitation and Compensation Act 2013. (3) There is to be paid into the WorkCover Authority Fund out of the Consolidated Fund, which is to the necessary extent appropriated accordingly— (a) the amounts to be reimbursed under subsection (1); and (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); S. 104ZX def. of legislation inserted by No. 31/2017 s. 10(a). Corrections-related legislation means any of the following— (a) the Bail Act 1977; (b) the Children, Youth and Families Act 2005; (c) the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; (d) the Disability Act 2006; (e) the Family Violence Protection Act 2008; (f) the Housing Act 1983; (g) the Mental Health Act 2014; (h) the Personal Safety Intervention Orders Act 2010; (i) the Sentencing Act 1991; (j) the Sex Offenders Registration Act 2004;
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. 104ZY(2)(dc) inserted by No. 31/2017 s. 11(2)(c). (dc) if the use or disclosure is to the Victorian Inspectorate established under section 8 of the Victorian Inspectorate Act 2011; S. 104ZY(2)(dd) inserted by No. 31/2017 s. 11(2)(c). (dd) if the use or disclosure is to the Victorian Legal Services Commissioner appointed under section 51 of the Legal Profession Uniform Law Application Act 2014; S. 104ZY(2)(de) inserted by No. 31/2017 s. 11(2)(c). (de) if the use or disclosure is to the Mental Health Complaints Commissioner appointed under section 226 of the Mental Health Act 2014; S. 104ZY(2)(df) inserted by No. 31/2017 s. 11(2)(c). (df) if the use or disclosure is to the Victorian Equal Opportunity and Human Rights Commission continued in existence by section 154 of the Equal Opportunity Act 2010; S. 104ZY(2)(dg) inserted by No. 31/2017 s. 11(2)(c). (dg) if the use or disclosure is to the Information Commissioner appointed under section 6C of the Freedom of Information Act 1982; S. 104ZY(2)(dh) inserted by No. 31/2017 s. 11(2)(c). (dh) if the use or disclosure is to the Health Complaints Commissioner appointed under section 111 of the Health Complaints Act 2016; S. 104ZY(2)(di) inserted by No. 31/2017 s. 11(2)(c). (di) if the use of disclosure is to any person or body authorised to act on behalf of a person or body listed in paragraph (d), (da), (db), (dc), (dd), (de), (df), (dg) or (dh);
S. 104ZY(2B) inserted by No. 57/2016 s. 14(2). (2B) Personal or confidential information must not be disclosed under subsection (2A) to the correctional services authority of another country unless the Secretary— (a) has assessed that it is appropriate in all the circumstances to do so; and (b) has authorised in writing the disclosure. S. 104ZY(2C) inserted by No. 57/2016 s. 14(2). (2C) The Secretary may under subsection (2B) authorise the disclosure of information in relation to— (a) a specified request for information from another country; or (b) any request for information from a specified country. (3) This section does not apply to personal or confidential information referred to in section 104ZZ. S. 104ZY(4) inserted by No. 57/2016 s. 14(3). (4) In this section— S. 104ZY(4) def. of correctional services authority amended by No. 31/2017 s. 11(3)(a). correctional services authority means a person, body or entity that has functions and responsibilities in another State, a Territory or another country that substantially correspond to the functions and responsibilities of the Secretary, the Adult Parole Board, the Commissioner or any other officer under this Act; S. 104ZY(4) def. of sexual offence inserted by No. 31/2017 s. 11(3)(b). sexual offence means an offence listed in Schedule 1 to the Serious Sex Offenders (Detention and Supervision) Act 2009.
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.
S. 107(d) amended by No. 46/1998 s. 7(Sch. 1). (d) if the matter to which the reference relates is after the commencement of this section or by virtue of the Community Services (Director-General of Corrections) Act 1983 within the responsibilities of the Secretary, deemed to refer to the Secretary; and S. 107(e) inserted by No. 45/1996 s. 17(Sch. 1 item 66(b)). (e) if the matter to which the reference relates is after the commencement of section 17 of the Corrections (Amendment) Act 1996 within the responsibilities of the Secretary, deemed to refer to the Secretary. S. 108 repealed by No. 11/1993 s. 4(4), new s. 108 inserted by No. 45/2001 s. 19, amended by No. 37/2014 s. 10(Sch. item 32.17). 108 Apprehension of escaped prisoners A prison officer or any police officer— (a) may arrest a person who has escaped from the legal custody of the Secretary or the Chief Commissioner of Police; and (b) must deliver the person to a prison or police gaol as soon as possible after the arrest. S. 108A inserted by No. 57/2016 s. 16. 108A Return of prisoner unlawfully released (1) This section applies if a prisoner who is not legally entitled to be released is released from custody. (2) The Secretary, by warrant signed by the Secretary, may authorise— (a) any police officer to break, enter and search any place where the prisoner is reasonably believed to be and to arrest the prisoner and return the prisoner to prison; and (b) any prison officer or escort officer to arrest the prisoner and return the prisoner to prison.
S. 112(1)(sa) inserted by No. 53/2007 s. 19(2). (sa) the establishment of bodies for the purpose of carrying out functions under the regulations; (t) prescribing forms; (u) generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) The regulations— (a) may be of general or limited application; and (b) may differ according to differences in time place or circumstances; and S. 112(2)(c) amended by No. 45/1996 s. 17(Sch. 1 item 67). (c) may confer discretions or powers or impose duties in connection with the regulations on the Secretary, a Governor, a Regional Manager, an officer employed in the administration of this Act, a volunteer, a prisoner or an offender; and S. 112(2)(d) amended by No. 45/1996 s. 17(Sch. 1 item 67). (d) may confer power on the Secretary, a Governor or a Regional Manager to grant exemption from the regulations, to impose conditions subject to which the exemption is granted and to revoke or vary the exemption; and (e) may apply or incorporate by reference any document formulated in accordance with the regulations and concerning the conduct of officers under Part 5 or Part 9, prisoners or offenders, the privileges of prisoners or the routine of a prison or a location; and (f) may impose penalties not exceeding 10 penalty units for contravention of the regulations.