(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). correctional order means any of the following— (a) a community-based order; (ab) a community work permit within the meaning of the Infringements Act 2006; (b) a parole order; (c) an intensive correction order; (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 (f) a supervision order under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that includes a condition with respect to supervision of the person subject to the order by a community corrections officer; (g) a combined custody and treatment order; (h) a drug treatment order (as defined in section 3(1) of the Sentencing Act 1991); (i) a home detention order under this Act or under section 26M of the Sentencing Act 1991;
S. 3(1) def. of Health Services inserted by No. 45/2001 s. 23(2). Health Services Commissioner means the Commissioner as defined in the Health Services (Conciliation and Review) Act 1987; s. 3 S. 3(1) def. of home detention order inserted by No. 53/2003 s. 11(1). home detention order means a home detention order made under Division 4 of Part 8; S. 3(1) def. of hospital security order inserted by No. 69/2005 s. 26(1). hospital security order has the same meaning as in the Sentencing Act 1991; 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). lawyer means an Australian lawyer within the meaning of the Legal Profession Act 2004; S. 3(1) def. of letter inserted by No. 45/2001 s. 23(2). letter, in relation to a prisoner, means a document containing a communication to, or from, the prisoner, and includes any article accompanying the document; location means any of the following places— (a) a community corrections centre; s. 3 (b) a place at which an offender is by a correctional order required to live;
S. 3(1) def. of transition centre inserted by No. 2/2005 s. 3. 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. S. 3(2) inserted by No. 72/2001 s. 3(Sch. item 4.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 12.2). (2) For the purposes of the definition of domestic partner in subsection (1)— (a) registered relationship has the same meaning as in the Relationships Act 2008; and (b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.
S. 9E(3) inserted by No. 94/1994 s. 16(2), amended by No. 45/1996 s. 17(Sch. 1 item 13). (3) The Secretary or Chief Commissioner of Police may from time to time amend the statement prepared by him or her. S. 9F inserted by No. 11/1993 s. 4(1), amended by No. 94/1994 s. 17(a). 9F Application of FOI s. 9F The Freedom of Information Act 1982 applies to a contractor in its capacity as a provider of services under this Act or to a sub-contractor in its capacity as a manager of a prison or police gaol under a sub-contract agreement as if— S. 9F(a) amended by No. 94/1994 s. 17(b). (a) the contractor or sub-contractor (as the case requires) were an agency within the meaning of that Act; and S. 9F(b) amended by No. 94/1994 s. 17(c). (b) the holder of the office specified in the agreement under section 8B(1), 9(1) or 9AA or in the sub-contract agreement (as the case requires) for the purposes of the application of the Freedom of Information Act 1982 were the principal officer of that agency; and (c) the Minister were the responsible Minister of that agency; and S. 9F(d) amended by No. 94/1994 s. 17(b). (d) the persons employed by the contractor or sub-contractor (as the case requires) were officers of that agency. S. 9G inserted by No. 11/1993 s. 4(1), amended by No. 94/1994 s. 18(a). 9G Investigation of administrative actions The Ombudsman Act 1973 applies to a contractor in its capacity as a provider of services under this Act or to a sub-contractor in its capacity as a manager of a prison or police gaol under a sub-contract agreement as if— S. 9G(a) amended by No. 94/1994 s. 18(b). (a) the contractor or sub-contractor (as the case requires) were a public statutory body within the meaning of that Act; and
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. 18 (1) An officer attending a training institution is subject to the direction of the principal of that institution. (2) In this section training institution means an institution for the training of officers established or conducted in accordance with the regulations. 19 Officers subject to certain directions (1) A prison officer is subject to the directions of the Governor of the prison to which the prison officer is assigned. (2) The Governor of a prison may give to officers within the meaning of paragraph (f) of the definition of officer in section 14 who are working at the prison or with prisoners such directions as the Governor considers necessary for the security of the prison. (3) The Governor may give to other officers working at the prison or with prisoners such directions as the Governor considers necessary for the management good order or security of the prison or the prisoners. 20 Duties relating to security and welfare
S. 48 def. of disciplinary officer inserted by No. 16/1991 s. 11(1), amended by No. 45/1996 s. 17(Sch. 1 item 32). disciplinary officer means a prison officer— (a) nominated by the Secretary as a disciplinary officer; or (b) in a class of prison officers nominated by the Secretary as disciplinary officers; privilege in relation to a prison means any of the privileges determined in accordance with the regulations for that prison; prison offence means a contravention of this Act or the regulations; register of offences means the register of prison offences established in accordance with the regulations. S. 49 substituted by No. 16/1991 s. 11(2), amended by No. 45/1996 s. 17(Sch. 1 item 33). 49 Disciplinary officers The Secretary may by instrument nominate— (a) a prison officer to be a disciplinary officer in a prison or in any part of a prison; or (b) officers in a class of prison officers to be disciplinary officers in a prison or in any part of a prison. 50 Prison offences s. 50 S. 50(1) amended by Nos 16/1991 s. 11(3), 45/2001 s. 34(1). (1) If an officer within the meaning of Part 5 or an escort officer suspects that a prisoner has committed a prison offence the officer must as soon as possible report the fact to the disciplinary officer. S. 50(2) amended by No. 16/1991 s. 11(3). (2) The disciplinary officer must make proper investigation of all alleged prison offences which come to the officer's notice and must give the
(4) The Secretary may issue a custodial community permit in accordance with this section to a prisoner who is not in a prison. (5) If the Secretary issues a custodial community permit to a prisoner who is not in a prison, the Secretary must nominate a prison as the prison from which the prisoner is authorised to be absent. (6) Nothing in this Division is intended to prevent the Secretary from re-issuing a permit that has expired. (7) In the case of a person referred to in section 57C(1)(b), a reference to a prisoner in this section is to be read as a reference to the person. S. 58 substituted by No. 16/1991 s. 15(1). 58 Breach of custodial community permit s. 58 A prisoner who fails without reasonable excuse to comply with any conditions of a custodial community permit is guilty of an offence and liable to imprisonment for a term of not more than 3 years. S. 58A inserted by No. 16/1991 s. 15(1). 58A Powers of Secretary with respect to custodial community permits S. 58A(1) amended by No. 45/1996 s. 17(Sch. 1 item 40). (1) The Secretary may before the prisoner is allowed to be absent from the prison under a custodial community permit or at any time during the period of such a permit— (a) vary or revoke any condition of the permit or impose any additional condition; or (b) subject to section 57, vary the period of the permit; or (c) revoke the permit.
(8) The Board may, in its discretion, give an offender an opportunity to appear before the Board to be heard in relation to an application. (9) On an application under this section, the Board after considering any submissions may revoke the home detention order. S. 60M(10) amended by No. 49/2006 s. 6(1). (10) If the Board revokes a home detention order under this section, the Board may issue a warrant authorising any member of the police force to break, enter and search any place where the offender is reasonably believed to be and to arrest the offender and take the offender to prison. S. 60N inserted by No. 53/2003 s. 14. 60N Alleged breach of a home detention order If an allegation is made to the Secretary that an offender has breached a condition of a home detention order, the Secretary must— s. 60N (a) make appropriate inquiries in respect of the alleged breach; and (b) give the offender an opportunity of making an explanation. S. 60O inserted by No. 53/2003 s. 14. 60O Sanctions for minor breaches (1) Subject to section 60P, if, after completing the relevant inquiries, the Secretary is satisfied that the offender has breached a condition of the home detention order, the Secretary may impose either of the following sanctions for the breach— (a) a formal warning; or (b) a more stringent application of the conditions of home detention in accordance with the terms of those conditions, (for example, an increase in the required hours of unpaid community work within the maximum fixed by the Board).
Victorian Registrar means Registrar of Births, Deaths and Marriages under the Births, Deaths and Marriages Registration Act 1996. S. 79B inserted by No. 49/2006 s. 7. 79B Applications for change of name by or on behalf of a prisoner on parole (1) In this section, Registrar means— (a) the Victorian Registrar; or (b) an authority responsible under a law of another State or a Territory for the registration of births, deaths and marriages. (2) A prisoner on parole must not make a change of name application to a Registrar without having first obtained the written approval of the Board. 5 penalty units. (3) A person must not make a change of name application to a Registrar on behalf of a prisoner on parole unless the written approval of the Board is first obtained. 5 penalty units. S. 79C inserted by No. 49/2006 s. 7. 79C Approval by Board s. 79B (1) Subject to subsection (2), the Board may only approve a change of name application if the Board is satisfied that the change of name is in all the circumstances necessary or reasonable. (2) The Board must not approve a change of name application if the Board is satisfied that the change of name would, if registered, be reasonably likely— (a) to be regarded as offensive by a victim of crime or an appreciable sector of the community; or
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— (a) the prisoner's parole is cancelled or deemed to be cancelled under section 77; and (b) the Victorian Registrar has not registered the change of name before that cancellation. S. 79H inserted by No. 49/2006 s. 7. 79H Information-sharing between the Secretary and the Victorian Registrar s. 79F Despite any other law to the contrary— (a) the Secretary may notify the Victorian Registrar of the name (including any other name by which he or she is or has previously been known), date of birth and residential address or addresses of any prisoner on parole; and (b) if the Secretary has given notification under paragraph (a) in respect of a prisoner on parole, the Secretary must notify the Victorian Registrar as soon as practicable of any cancellation or deemed cancellation of that prisoner's parole. Pt 8 Div. 7 (Heading and ss 79I–79K) inserted by No. 49/2006 s. 7. Division 7—Warrants
S. 82 (Heading) inserted by No. 2/2005 s. 8(5)(a). New s. 82 inserted by No. 94/1994 s. 22, amended by Nos 45/1996 s. 17(Sch. 1 item 50), 2/2005 s. 8(5)(b). 82 Custodial interstate community permit The Secretary may issue a custodial interstate community permit to a prisoner for leave to travel to a participating State— (a) to visit a person with whom the prisoner has had a long standing personal relationship if that person is seriously ill or in acute personal need; or (b) to attend the funeral of a person with whom the prisoner had a long standing personal relationship; or S. 82(c) amended by No. 38/2003 s. 6. (c) for any other compassionate purpose (including, in the case of an Aboriginal prisoner, to enable the prisoner to be present at an occasion of special significance to the prisoner's immediate or extended family). New s. 83 inserted by No. 94/1994 s. 22. 83 Effect of permit s. 82 (1) A permit issued to a prisoner— S. 83(1)(a) amended by Nos 45/2001 s. 18(a), 38/2003 s. 7(a). (a) authorises the prisoner to be absent from the prison for the purpose and for the period stated in the permit; and S. 83(1)(b) amended by Nos 45/2001 s. 18(a), 38/2003 s. 7(b). (b) if the Secretary requires the prisoner to be escorted while absent from the prison, authorises the escort officer appointed to escort the prisoner to take and keep physical custody of the prisoner for the purpose of escorting the prisoner to the participating State (whether or not across another State) and within the participating State for the purpose set out in the permit and returning the prisoner to the prison from which leave of absence was given; and
S. 84D(7) amended by No. 38/2003 s. 9(5). (7) A reference in subsection (2A), (5) or (6) to an escort in relation to a person who was, at the time of his or her escape or attempted escape, being escorted under a permit issued in a participating State is a reference to— (a) the escort who had the custody of that person pursuant to that permit; or (b) a prison officer or a member of the police force of the participating State; or (c) a person appointed by the corresponding Director of the participating State by instrument in writing to be an escort for the purpose of escorting that person to the participating State— or any 2 or more of them. S. 84E inserted by No. 94/1994 s. 22. 84E Escape from custody—penalty s. 84E (1) Any person who being in custody under a permit, escapes or attempts to escape from that custody while he or she is not within Victoria or the participating State to or from which he or she was being escorted under that permit is guilty of an indictable offence and is liable to imprisonment for a term not exceeding 7 years, to be served after the expiration of any term of imprisonment, penal servitude or detention to which he or she was subject at the time of his or her escape or attempt to escape. (2) Without limiting the generality of section 479C of the Crimes Act 1958, that section applies to a person— (a) who is in custody under a permit; and
S. 85 def. of community corrections programme amended by No. 45/1996 s. 17(Sch. 1 item 55(b)). community corrections programme means a programme or series of programmes approved by the Secretary under this Part; S. 85 def. of officer amended by Nos 11/1993 s. 7(1)(f), 23/1994 s. 118(Sch. 1 item 14.6), 24/2006 s. 6.1.2(Sch. 7 item 10.2), 13/2010 s. 51(Sch. item 16.6). officer means a person who is— (a) a Regional Manager; or (b) a community corrections officer; or (c) a volunteer who is working at a location; or (d) an employee in the public service or the teaching service or a member of the staff of a TAFE institute who is working at a location; (e) a member of a prescribed class of persons who works at a location as a psychiatrist, registered medical practitioner, dentist, nurse, midwife or health worker; region means an area or several areas designated under this Part. Division 2—Establishment of community corrections centres and regional centres 86 Community corrections centres s. 86 (1) The Governor in Council may by order appoint any premises or place to be a community corrections centre. (2) An order establishing a community corrections centre may include a statement restricting the number of offenders who may attend the centre.
(2) In this section training institution means an institution for the training of officers established or conducted in accordance with the regulations. 97 Secretary may nominate person to act as Regional Manager S. 97(1) amended by No. 45/1996 s. 17(Sch. 1 item 61). (1) If a Regional Manager is absent from a region or the position of Regional Manager is vacant the Secretary may nominate a community corrections officer to act as Regional Manager while the Regional Manager is absent or the position of Regional Manager is vacant. (2) A community corrections officer nominated to act as Regional Manager has the functions powers and duties of a Regional Manager while so acting. 98 Management of region in Regional Manager's temporary absence (1) If a Regional Manager is to be absent temporarily from a region the Regional Manager may nominate a community corrections officer to be in charge of the region during the Regional Manager's absence. S. 98(2) amended by No. 45/1996 s. 17(Sch. 1 item 62). (2) If the Regional Manager is absent from the region and has not nominated a community corrections officer to be in charge of the region and the Secretary has not nominated a community corrections officer to act as Regional Manager, the most senior ranking community corrections officer then on duty is in charge of the region. S. 98(3) amended by No. 45/1996 s. 17(Sch. 1 item 62). (3) A community corrections officer in charge of a region has the functions powers and duties of the Regional Manager until the Regional Manager returns or the Secretary nominates a person to act as Regional Manager. 99 Photographing s. 99
S. 99(1) amended by No. 35/2002 s. 7(5). (1) As soon as possible after an offender's reception into a community corrections centre a community corrections officer may take photographs of the offender and may take the offender's fingerprints. S. 99(2) amended by No. 35/2002 s. 7(6). (2) For the purposes of identifying the offender and completing records concerning offenders an officer may at any time after an offender's reception into a community corrections centre take photographs of the offender or take the offender's fingerprints or both. S. 99(3) amended by No. 35/2002 s. 7(7). (3) An officer may give to an offender all necessary directions to ensure the taking of accurate photographs and fingerprints. 100 Search (1) A Regional Manager may at any time, order a community corrections officer to— (a) search any part of a community corrections centre in the region; or (b) search and examine an officer, an offender, a visitor or any other person in a community corrections centre; or (c) search and examine anything in a community corrections centre; or (d) require a person wishing to enter a community corrections centre to submit to search and examination of the person and anything in the person's possession or under the person's control—
S. 104(1) amended by No. 45/1996 s. 17(Sch. 1 item 63(b)). (1) An offender is subject to the Secretary's directions while the offender is at a location, taking part in a community corrections programme or is being transferred from one location to another, from a location to a place where a community corrections programme is conducted, or from that place to a location. S. 104(2) amended by No. 45/1996 s. 17(Sch. 1 item 63(a)). (2) The Secretary may, if not inconsistent with the correctional order relating to an offender, direct the offender to attend a location or to take part in a community corrections programme. S. 104(3) amended by No. 45/1996 s. 17(Sch. 1 item 63(a)). (3) An offender who disobeys a direction given by the Secretary under this section is guilty of an offence. 5 penalty units. _______________ Pt 9A (Heading and ss inserted by No. 45/1996 s. 11. S. 104A inserted by No. 45/1996 s. 11. 104A Definitions s. 104A In this Part— charged person means— (a) a person who has been charged with an offence who is detained in a police gaol; or (b) a person who is detained in a police gaol on the order of a court;