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 correctional order amended by Nos 44/1991 s. 6(a), 49/1991 s. 119(7) (Sch. 4 item 3.2(a)(b)), 11/1993 s. 7(1)(a), 65/1997 s. 81(a), 45/2001 s. 23(1), 2/2002 s. 12, 53/2003 s. 11(2), 32/2006 s. 90(1), 30/2010 s. 45(a), 48/2011 s. 3(a), 65/2011 s. 107(Sch. item 2.3), 55/2014 s. 144. correctional order means any of the following— (a) a community-based order; (aa) a community correction order, within the meaning of the Sentencing Act 1991; (ab) a community work permit within the meaning of the Infringements Act 2006; (b) a parole order; (c) an old intensive correction order, within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991; (d) a direction under section 107(1)(a) of the Sentencing Act 1991 that a person be released on giving an undertaking that has as a condition that the person be under the supervision of a community corrections officer; (e) a direction under section 107(1)(b) of the Sentencing Act 1991 that a person be released on parole;
S. 3(1) def. of near relative inserted by No. 72/2001 s. 3(Sch. item 4.1). near 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; 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 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 police officer inserted by No. 37/2014 s. 10(Sch. item 32.1). police officer means— (a) except in section 47E, a police officer within the meaning of the Victoria Police Act 2013; and (b) in section 47E, a police officer (within the meaning of Part 5.3 of the Criminal Code of the Commonwealth); position means office; S. 3(1) def. of principal medical officer amended by No. 46/1998 s. 7(Sch. 1). principal medical officer means a principal medical officer employed under Part 4;
S. 3(1) def. of stalking intervention order inserted by No. 30/2010 s. 45(b), repealed by No. 53/2010 s. 221(Sch. item 3.1(b)). * * * * * S. 3(1) def. of inserted by No. 94/1994 s. 4(c). sub-contractor means a sub-contractor of a contractor; S. 3(1) def. of supervise inserted by No. 45/2001 s. 3(2). supervise, in relation to a prisoner or person, includes to take charge of and to hold the prisoner or person; S. 3(1) def. of 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;
5 Act to bind Crown This Act binds the Crown, not only in right of the State of but also, as far as the legislative power of the Parliament permits, the Crown in all its other capacities. S. 6 repealed by No. 11/1993 s. 7(1)(b). * * * * * Pt 1A (Heading and ss 6–6F) inserted by No. 45/2001 s. 5. New s. 6 inserted by No. 45/2001 s. 5. 6 Order of imprisonment In this Part, an order of imprisonment is— (a) a sentence of imprisonment imposed by a court; or (b) an order or warrant issued by a court requiring or directing the imprisonment of a person or the detention of a person in a prison or in a place of detention on court premises; or (c) a direction, order or warrant or other instrument made or issued under an Act requiring or directing or authorising the imprisonment of a person or the detention of a person in a prison or the transfer of a person to or from a prison or the return of a person to a prison; or S. 6(ca) inserted by No. 5/2006 s. 14(1). (ca) a preventative detention order within the meaning of the Terrorism (Community Protection) Act 2003 or an order for a
S. 6D(1A)(a) amended by No. 41/2015 s. 39. (a) a person who has ceased to be in the legal custody of the Chief Commissioner of Police by force of section 6E(1)(ca) is again taken into custody and detained under the order referred to in that section; and (b) either of the events referred to in subsection (1)(b) occurs. (2) A person is also deemed to enter into the legal custody of the Chief Commissioner when— S. 6D(2)(a) amended by No. 48/2006 s. 42(Sch. item 8.1). (a) the person is remanded in custody by a court or a bail justice under the Children, Youth and Families Act 2005; and S. 6D(2)(b) amended by No. 37/2014 s. 10(Sch. item 32.2). (b) a police officer or a person acting under lawful authority on behalf of the Chief Commissioner takes physical custody of the person. S. 6D(2A) inserted by No. 10/2013 s. 6(1). (2A) A person is also deemed to enter into the legal custody of the Chief Commissioner of Police when— (a) a police custody transfer order is made in relation to the person; and S. 6D(2A)(b) amended by No. 37/2014 s. 10(Sch. item 32.2). (b) a police officer or a person acting under lawful authority on behalf of the Chief Commissioner takes physical custody of the person in accordance with the order. S. 6D(3) amended by No. 10/2013 s. 6(2). (3) A person who enters the legal custody of the Chief Commissioner of Police under subsection (1), (2) or (2A) is deemed to remain in that custody until that custody ceases under this Part. (4) This section applies to a person regardless of the person's age.
custody and welfare of prisoners and offenders; and S. 8A(2)(b) amended by No. 45/1996 s. 17(Sch. 1 item 5). (b) exercising any other functions relating to correctional services that the Secretary may determine from time to time. (3) The Commissioner must endeavour to exercise his or her functions in relation to correctional services impartially between all providers of correctional services so far as this is consistent with the safe custody and welfare of prisoners and offenders and the proper operation of the correctional services. S. 9 repealed by No. 16/1991 s. 15(3). * * * * * Pt 2A (Heading and ss 9–9G) inserted by No. 11/1993 s. 4(1). Pt 2A Div. 1 (Heading and ss 8B–8G) inserted by No. 94/1994 s. 7. Division 1—Correctional services agreements S. 8B inserted by No. 94/1994 s. 7. 8B Minister may enter into correctional services agreements (1) The Minister may, for and on behalf of the Crown—
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. * * * * *
(v) to take all reasonable steps to ensure the good order and discipline of a person being transported; (vi) to take all reasonable steps to attend to the security of any property that is in the possession of a person being transported; (vii) to take all reasonable steps to ensure the person is transported to or from the appropriate place as required by the Chief Commissioner of Police; (viii) to take all reasonable steps to ensure that the person is transferred— (A) into the physical custody of another person acting on behalf of the Chief Commissioner of Police; or (B) if legal custody of the person is authorised to be transferred to a person other than the Chief Commissioner, into the physical custody of a person acting on behalf of the person to whom legal custody is to be transferred; S. 9A(1B)(c) inserted by No. 45/2001 s. 8(1). (c) to exercise all or any of the following powers in relation to the functions set out in paragraph (b)— (i) to order a person being transported to do or not to do anything which the authorised person believes on reasonable grounds is necessary for the safety of the authorised person, the person being transported or any other person; (ii) to search and examine a person being transported or any thing in the person's
S. 16(4) substituted by No. 10/2013 s. 9(3). (4) This Act applies to a person authorized to act as principal medical officer or as medical officer as if the person were a principal medical officer or medical officer (as the case may be). S. 17 substituted by No. 94/1994 s. 19. 17 Powers of Secretary S. 17(1) amended by Nos 45/1996 s. 17(Sch. 1 item 17), 45/2001 s. 14. (1) The Secretary has and may exercise all or any of the powers or functions of a Governor of a prison or a prison officer or escort officer under this Act. S. 17(2) amended by No. 45/1996 s. 17(Sch. 1 item 17). (2) The Secretary may exercise the powers and functions under subsection (1) in relation to a particular prison or class of prisons or in relation to all prisons in . S. 17(3) amended by Nos 45/1996 s. 17(Sch. 1 item 17), 45/2001 s. 14. (3) An exercise by the Secretary of any power or function under subsection (1) in relation to a matter, prevails over the exercise by a Governor or prison officer or escort officer of that power or function in relation to that matter. 18 Prison officer subject to direction of principal of training institutions (1) An officer attending a training institution is subject to the direction of the principal of that institution. (2) In this section training institution means an institution for the training of officers established or conducted in accordance with the regulations. 19 Officers subject to certain directions
S. 32(4) substituted by No. 16/1991 s. 8. (4) If a prison officer believes on reasonable grounds that a person is committing or has committed an offence under this section, the prison officer may apprehend the person without warrant. 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); (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.
S. 47D (Heading) substituted by No. 97/2004 s. 3(1). S. 47D inserted by No. 45/2001 s. 33. 47D When letters may be stopped and censored S. 47D(1) amended by No. 97/2004 s. 3(2). (1) This section applies if the Governor reasonably believes that any letter to be sent by a prisoner to, or sent to a prisoner by, any person who is not listed in section 47(1)(m)— (a) is a threat to prison security; or S. 47D(1)(ab) inserted by No. 12/2014 s. 6. (ab) in the case of a letter sent by a prisoner to another prisoner or a former prisoner, may be a threat to the good order, management or security of a prison or prisoner; or S. 47D(1)(ac) inserted by No. 12/2014 s. 6. (ac) in the case of a letter sent to a prisoner by another prisoner or a former prisoner, may be a threat to the good order, management or security of a prison or prisoner; or (b) may be of a threatening or harassing nature; or (c) may be being used to further an unlawful activity or purpose; or S. 47D(1)(d) amended by Nos 97/2004 s. 3(3), 53/2007 s. 17. (d) contains indecent, abusive, threatening or offensive written or pictorial matter, or written or pictorial matter that may be regarded by a victim as distressing or traumatic, or an indecent, obscene or offensive article or substance; or S. 47D(1)(e) inserted by No. 97/2004 s. 3(4). (e) contravenes or would contravene section 47H. (2) The Governor may—
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.
(c) has a history of violence; (d) has a history of sexual offences or other offences that may make his or her presence at a transition centre inappropriate; (e) has a history of escape, or presents a significant escape risk; (f) has outstanding criminal charges or other legal or disciplinary matters pending. Pt 8 Div. 2A (Heading and s. 56A) inserted by No. 70/1987 s. 8. Division 2A—Absence to give evidence at foreign proceedings S. 56A inserted by No. 70/1987 s. 8. 56A Arrangements with Commonwealth S. 56A(1) amended by No. 45/1996 s. 17(Sch. 1 item 38). (1) If, under the Mutual Assistance in Criminal Matters Act 1987 of the Commonwealth, the Commonwealth Attorney-General makes arrangements for the travel of a prisoner to a foreign country to give evidence at a proceeding or assistance in relation to an investigation relating to a criminal matter, the Secretary may, by instrument, authorise the prisoner to be released from prison for the purpose of travelling to the foreign country to give evidence at the proceeding or assistance in relation to the investigation. S. 56A(2) amended by No. 45/1996 s. 17(Sch. 1 item 38). (2) An authority given by the Secretary under subsection (1) may be subject to any conditions the Secretary thinks fit.
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.
(a) the number of persons released on parole during that period; and (b) the number of persons returned to prison during that period on cancellation of parole; and S. 72(1)(ba) inserted by No. 53/2003 s. 17(1), repealed by No. 48/2011 s. 8, new s. 72(1)(ba) inserted by No. 10/2013 s. 27. (ba) the purposes of parole and the general principles and factors taken into account by the Board when making decisions in relation to parole; and S. 72(1)(bb) inserted by No. 53/2003 s. 17(1), repealed by No. 48/2011 s. 8, new s. 72(1)(bb) inserted by No. 10/2013 s. 27. (bb) the number of requests made for a review of a Board decision relating to parole; and S. 72(1)(bc) inserted by No. 53/2003 s. 17(1), repealed by No. 48/2011 s. 8, new s. 72(1)(bc) inserted by No. 10/2013 s. 27. (bc) the number of rejections of a request made for a review of a Board decision relating to parole and the reason for each rejection; and S. 72(1)(bca) inserted by No. 10/2013 s. 27. (bca) the number of requests made for a review of a Board decision relating to parole that are accepted and the outcome of each review completed; and S. 72(1)(bcb) inserted by No. 62/2013 s. 10(1). (bcb) the number of persons convicted during that period of a serious offence committed while on parole; and
(6) If a prisoner— (a) is released on parole in respect of a sexual offence or a serious violent offence; and (b) is convicted, while on parole, of a sexual offence or a violent offence that was committed during the parole period— the prisoner's parole is taken to have been cancelled on that conviction. S. 77(6A) inserted by No. 31/2014 s. 8, repealed by No. 41/2015 s. 3(1). * * * * * S. 77(7) amended by No. 41/2015 s. 3(2). (7) Subject to subsection (7A), if the prisoner is sentenced to another term of imprisonment in respect of one or more offences committed during the parole period, whether in Victoria or elsewhere, the Board may by order cancel the prisoner's parole, even though the parole period may already have elapsed. S. 77(7A) inserted by No. 41/2015 s. 3(3). (7A) If the prisoner is sentenced, whether in Victoria or elsewhere, to another term of imprisonment while on parole, the prisoner's parole is taken to have been cancelled on the sentence being imposed. S. 77(7B) inserted by No. 41/2015 s. 3(3). (7B) Subsection (7A) applies whether the offending in relation to which the prisoner is sentenced occurred before or during the parole period. S. 77(7C) inserted by No. 41/2015 s. 3(3). (7C) For the purposes of this section, a sentence to a term of imprisonment includes a sentence of imprisonment imposed by a court, whether in Victoria or elsewhere, that is partially suspended but does not include a sentence of imprisonment that is wholly suspended.
S. 79A inserted by No. 49/2006 s. 7. 79A Definitions In this Division— change of name application means an application by or on behalf of a prisoner on parole for registration of a change of the prisoner's name; prisoner on parole means a prisoner released on parole that is not subsequently cancelled or deemed to have been cancelled; Victorian Registrar means Registrar of Births, Deaths and Marriages under the Births, Deaths and Marriages Registration Act 1996. S. 79B inserted by No. 49/2006 s. 7. 79B Applications for change of name by or on behalf of a prisoner on parole (1) In this section, Registrar means— (a) the Victorian Registrar; or (b) an authority responsible under a law of another State or a Territory for the registration of births, deaths and marriages. (2) A prisoner on parole must not make a change of name application to a Registrar without having first obtained the written approval of the Board. 5 penalty units. (3) A person must not make a change of name application to a Registrar on behalf of a prisoner on parole unless the written approval of the Board is first obtained. 5 penalty units.
(ii) the change of name relates to the name of the prisoner on parole; and (b) the Victorian Registrar has not received a copy of the notice of approval of the Board to the application under section 79D. (2) If the Victorian Registrar does not register a change of name because of the operation of subsection (1), the Victorian Registrar must give written notice of the application to the Secretary of the Board. S. 79F inserted by No. 49/2006 s. 7. 79F Registrar may correct Register Without limiting section 43 of the Births, Deaths and Marriages Registration Act 1996, the Victorian Registrar may correct the Register under that section if— (a) the name of a prisoner on parole on the Register was changed because of a change of name application; and (b) the Board had not approved that change of name application under section 79C. S. 79G inserted by No. 49/2006 s. 7. 79G Lapse of application on cancellation of parole A change of name application under this Division by or on behalf of a prisoner on parole lapses if— S. 79G(a) amended by No. 15/2013 s. 6(a). (a) the prisoner's parole is cancelled or taken to be cancelled under section 77; and (b) the Victorian Registrar has not registered the change of name before that cancellation.
S. 82(c) amended by No. 38/2003 s. 6. (c) for any other compassionate purpose (including, in the case of an Aboriginal prisoner, to enable the prisoner to be present at an occasion of special significance to the prisoner's immediate or extended family). New s. 83 inserted by No. 94/1994 s. 22. 83 Effect of permit (1) A permit issued to a prisoner— S. 83(1)(a) amended by Nos 45/2001 s. 18(a), 38/2003 s. 7(a). (a) authorises the prisoner to be absent from the prison for the purpose and for the period stated in the permit; and S. 83(1)(b) amended by Nos 45/2001 s. 18(a), 38/2003 s. 7(b). (b) if the Secretary requires the prisoner to be escorted while absent from the prison, authorises the escort officer appointed to escort the prisoner to take and keep physical custody of the prisoner for the purpose of escorting the prisoner to the participating State (whether or not across another State) and within the participating State for the purpose set out in the permit and returning the prisoner to the prison from which leave of absence was given; and (c) is subject to the conditions set out in the regulations and any other conditions stated in the permit. S. 83(2) amended by No. 38/2003 s. 7(c). (2) The period stated in a permit must not exceed 7 days. S. 83(3) amended by Nos 45/1996 s. 17(Sch. 1 item 51), 45/2001 s. 18(b)(i)(ii). (3) Subject to section 6B, a prisoner who is authorised to be absent from prison under a permit continues in the legal custody of the Secretary while absent.
on reasonable grounds that the use of force is necessary— (a) to prevent the offender or another person being killed or seriously injured; or (b) to prevent serious damage to property. (8) If a community corrections officer uses force to compel an offender to obey a direction, the officer must report the fact to the Regional Manager as soon as possible. S. 90(9) amended by No. 45/1996 s. 17(Sch. 1 item 57). (9) The Regional Manager must as soon as possible report to the Secretary— (a) the use of force by the Regional Manager to compel an offender to obey a direction; and (b) the use of force by a community corrections officer, if that officer has reported the fact to the Regional Manager. S. 91 amended by Nos 45/1996 s. 17(Sch. 1 item 58), 35/2002 s. 8(3), repealed by No. 10/2013 s. 31. * * * * * 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.
S. 104(2) amended by No. 45/1996 s. 17(Sch. 1 item 63(a)). (2) The Secretary may, if not inconsistent with the correctional order relating to an offender, direct the offender to attend a location or to take part in a community corrections programme. S. 104(3) amended by No. 45/1996 s. 17(Sch. 1 item 63(a)). (3) An offender who disobeys a direction given by the Secretary under this section is guilty of an offence. 5 penalty units. Pt 9 Div. 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; serious offence means a sexual offence or a serious violent offence, both within the meaning of section 77(9).
provision is made by or under, this Act and the Serious Sex Offenders (Detention and 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 (Heading and ss inserted by No. 50/2008 s. 3. Division 1—Introductory S. 104O inserted by No. 50/2008 s. 3. 104O Definitions In this Part— agreement includes compromise and acceptance of an offer of compromise; award of damages means damages— (a) awarded pursuant to a judgment of a court; or (b) paid or payable in accordance with an agreement between the parties to the agreement; civil wrong means an act or omission of the State—
S. 112(1)(me) inserted by No. 50/2008 s. 6. (me) matters to be included in applications and notices under Part 9C; S. 112(1)(mf) inserted by No. 10/2013 s. 36(2). (mf) police custody transfer orders; S. 112(1)(n) amended by Nos 44/1991 s. 6(n), 53/2003 s. 19, 48/2011 s. 10, 12/2014 s. 20(2). (n) parole orders (including mandatory and other terms and conditions of parole orders) and the procedure of the Parole Board; S. 112(1)(o) amended by No. 15/1989 s. 30(6). (o) authorized absences by prisoners and the transfer of prisoners and people detained in police gaols; (p) the ways in which a sheriff may carry out a function power or duty in relation to prisons or the confinement or release of prisoners; (q) the removal of prisoners from prison in the interests of justice, and the custody of prisoners whilst absent from prison; S. 112(1)(qa) inserted by No. 12/2014 s. 18. (qa) prescribing a firearm or a type of firearm to be a non-lethal firearm; S. 112(1)(r) substituted by No. 44/1991 s. 4(2). (r) the reduction of the length of a sentence of imprisonment or of the non-parole period, if one has been fixed in respect of the sentence, on account of good behaviour while the person serving the sentence is suffering disruption or deprivation— (i) during an industrial dispute or emergency existing in the prison or police gaol in which the sentence is being served; or
(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 on or after the commencement of section 6 of that Act. (2) Division 6 of Part 8, as inserted by section 7 of the Corrections and Other Justice Legislation (Amendment) Act 2006, applies to any change of name application received by the Registrar before the commencement of section 7 of that Act, if the change of name had not been registered before that commencement. (3) In subsection (2)— change of name application has the same meaning as in section 79A; Registrar means the Registrar of Births, Deaths and Marriages under the Births, Deaths and Marriages Registration Act 1996.
Assent Date: 2.7.96 Commencement Date: Ss 3, 4 on 2.7.96: s. 2(1) : This information relates only to the provision/s amending the Corrections Act 1986 Children and Young Persons (Miscellaneous Amendments) Act 1996, No. 44/1996 Assent Date: 26.11.96 Commencement Date: 26.11.96: s. 2 : All of Act in operation Corrections (Amendment) Act 1996, No. 45/1996 Assent Date: 26.11.96 Commencement Date: Ss 1, 2 on 26.11.96: s. 2(1); rest of Act (except ss 11–13) on 6.2.97: Government Gazette 6.2.97 p. 257; ss 11–13 on 20.12.97: Government Gazette 18.12.97 p. 3612 : This information relates only to the provision/s amending the Corrections Act 1986 Police and Corrections (Amendment) Act 1997, No. 26/1997 Assent Date: 20.5.97 Commencement Date: Ss 9–16 on 22.5.97: Government Gazette 22.5.97 p. 1131 : This information relates only to the provision/s amending the Corrections Act 1986 Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, No. 65/1997 Assent Date: 18.11.97 Commencement Date: S. 81 on 18.4.98: s. 2(3) : This information relates only to the provision/s amending the Corrections Act 1986 Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) : This information relates only to the provision/s amending the Corrections Act 1986 Crimes (Questioning of Suspects) Act 2000, No. 86/2000 Assent Date: 5.12.00 Commencement Date: 6.12.00: s. 2 : All of Act in operation Corrections (Custody) Act 2001, No. 45/2001 Assent Date: 27.6.01 Commencement Date: Ss 3–37 on 1.3.02: s. 2(2) : This information relates only to the provision/s amending the Corrections Act 1986 Statute Law Further Amendment (Relationships) Act 2001, No. 72/2001
Assent Date: 24.11.09 Commencement Date: S. 54(Sch. Pt 2 item 14) on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Corrections Act 1986 Serious Sex Offenders (Detention and Supervision) Act 2009, No. 91/2009 Assent Date: 15.12.09 Commencement Date: Ss 201–218 on 1.1.10: Government Gazette 24.12.09 p. 3397 : This information relates only to the provision/s amending the Corrections Act 1986 Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010 Assent Date: 30.3.10 Commencement Date: S. 51(Sch. item 16) on 1.7.10: s. 2(2) : This information relates only to the provision/s amending the Corrections Act 1986 Health and Human Services Legislation Amendment Act 2010, No. 29/2010 Assent Date: 8.6.10 Commencement Date: S. 52 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1 : This information relates only to the provision/s amending the Corrections Act 1986 Justice Legislation Amendment Act 2010, No. 30/2010 Assent Date: 8.6.10 Commencement Date: Ss 45–55 on 1.1.11: Government Gazette 28.10.10 p. 2583 : This information relates only to the provision/s amending the Corrections Act 1986 Personal Safety Intervention Orders Act 2010, No. 53/2010 Assent Date: 7.9.10 Commencement Date: S. 222 on 1.12.10: Government Gazette 14.10.10 p. 2405; s. 221(Sch. item 3) on 5.9.11: Special Gazette (No. 271) 23.8.11 p. 1 : This information relates only to the provision/s amending the Corrections Act 1986 Justice Legislation Further Amendment Act 2010, No. 64/2010 Assent Date: 28.9.10 Commencement Date: S. 15 on 28.10.10: Government Gazette 28.10.10 p. 2583 : This information relates only to the provision/s amending the Corrections Act 1986 Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011, No. 48/2011