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PARLIAMENT OF VICTORIA
Corrections Amendment Bill 2012
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 1
PART 2--CORRECTIONS ACT 1986 3
3 Principal Act 3
4 Definitions 3
5 Persons not regarded to be in the Secretary's legal custody 4
6 When is a person in the legal custody of the Chief
Commissioner of Police? 4
7 When does legal custody of the Chief Commissioner cease? 4
8 Building work 5
9 Secretary may authorize medical practitioner to act as
principal medical officer or medical officer 5
10 Duties relating to security and welfare 6
11 Repeal of section 30 6
12 Victim may be given certain copies of orders and
information about a prisoner 6
13 Definitions 7
14 Section 35 substituted 7
35 Appointment of independent prison visitors 7
15 Repeal of section 36 7
16 Search 7
17 Prisoners rights 8
18 Certain confidential letters may be inspected 8
19 New section 47M inserted 8
47M Information-sharing between the Secretary and the
Victorian Registrar 8
20 New Division 2B inserted in Part 8 9
Division 2B--Police custody transfer orders 9
56B Application for police custody transfer order 9
56C Application to be determined on the papers and
information to be in custody of the Court 11
56D Court may make police custody transfer order 11
571251B.I-12/12/2012 i BILL LA INTRODUCTION 12/12/2012
Clause Page
56E Information to be provided on return of person to
legal custody of Secretary 12
56F Revocation of police custody transfer order 12
21 Corrections administration permit 13
22 Establishment of Board 13
23 Terms of office 13
24 Divisions 14
25 Detention and Supervision Order division 14
26 Chairperson 14
27 Reports 14
28 Persons on parole deemed still under sentence 15
29 Cancellation of parole 15
30 Powers and duties of officers 15
31 Repeal of section 91 16
32 New section 99A inserted 16
99A Offenders may be tested to assess whether under the
influence of alcohol or any drug 16
33 Search 17
34 Seizure 19
35 New Part 9E inserted 19
PART 9E--DISCLOSURE OF INFORMATION 19
104ZX Definitions 19
104ZY Authorisation to use or disclose information 23
104ZZ Authorisation to disclose information given to
Adult Parole Board 25
104ZZA Offence to use or disclose personal or confidential
information unless authorised 26
36 Regulations 26
37 New section 121 inserted 27
121 Transitional provision--Corrections Amendment
Act 2012 27
PART 3--PAROLE ORDERS (TRANSFER) ACT 1983 28
38 Principal Act 28
39 Part 1 heading inserted 28
40 Definitions 28
41 Part 2 heading inserted 29
42 Requests for registration of transferred parole orders 29
43 Documents to accompany requests 30
44 Matters to which Minister to have regard 30
7 Matters to which Minister to have regard 30
45 Registration 30
46 Effect of registration 31
47 Effect of transfer of parole order 31
571251B.I-12/12/2012 ii BILL LA INTRODUCTION 12/12/2012
Clause Page
48 Part 3 heading inserted 32
49 New section 11A inserted 32
11A Use of documents and information 32
PART 4--GENERAL 34
50 Repeal of amending Act 34
ENDNOTES 35
571251B.I-12/12/2012 iii BILL LA INTRODUCTION 12/12/2012
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Corrections Amendment Bill 2012
A Bill for an Act to make miscellaneous amendments to the
Corrections Act 1986 and the Parole Orders (Transfer) Act 1983
and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is to make miscellaneous
amendments to--
5 (a) the Corrections Act 1986; and
(b) the Parole Orders (Transfer) Act 1983.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
571251B.I-12/12/2012 1 BILL LA INTRODUCTION 12/12/2012
Corrections Amendment Bill 2012
Part 1--Preliminary
s. 2
(2) If a provision of this Act does not come into
operation before 1 November 2013, it comes into
operation on that day.
__________________
571251B.I-12/12/2012 2 BILL LA INTRODUCTION 12/12/2012
Corrections Amendment Bill 2012
Part 2--Corrections Act 1986
s. 3
PART 2--CORRECTIONS ACT 1986
3 Principal Act
In this Part, the Corrections Act 1986 is called See:
Act No.
the Principal Act. 117/1986.
Reprint No. 9
as at
18 March
2012.
LawToday:
www.
legislation.
vic.gov.au
5 4 Definitions
(1) In section 3(1) of the Principal Act insert the
following definitions--
"dentist means a person registered under the
Health Practitioner Regulation National
10 Law--
(a) to practise in the dental profession as a
dentist (other than as a student); and
(b) in the dentists division of that
profession;
15 garment search means a search of any article of
clothing worn by a person or in the person's
possession, during which the article of
clothing is touched or removed from the
person's body;
20 pat-down search means a search of a person
during which the person's clothed body is
touched;
scanning search means a search of a person, or of
the property of a person, using an electronic
25 or other device, during which the person is
not touched;".
571251B.I-12/12/2012 3 BILL LA INTRODUCTION 12/12/2012
Corrections Amendment Bill 2012
Part 2--Corrections Act 1986
s. 5
(2) In section 3(1) of the Principal Act insert the
following definition--
"police custody transfer order means a police
custody transfer order made under
5 section 56D;".
5 Persons not regarded to be in the Secretary's legal
custody
After section 6C(1)(ba) of the Principal Act
insert--
10 "(bb) a person who is absent from prison under a
police custody transfer order;".
6 When is a person in the legal custody of the Chief
Commissioner of Police?
(1) After section 6D(2) of the Principal Act insert--
15 "(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
20 (b) a member of the police force or a
person acting under lawful authority on
behalf of the Chief Commissioner takes
physical custody of the person in
accordance with the order.".
25 (2) In section 6D(3) of the Principal Act, for
"(1) or (2)" substitute "(1), (2) or (2A)".
7 When does legal custody of the Chief Commissioner
cease?
After section 6E(1)(ca) of the Principal Act
30 insert--
"(cb) if the person is subject to a police custody
transfer order, when either of the following
events occurs--
571251B.I-12/12/2012 4 BILL LA INTRODUCTION 12/12/2012
Corrections Amendment Bill 2012
Part 2--Corrections Act 1986
s. 8
(i) a person acting under lawful authority
on behalf of the Secretary takes
physical custody of the person; or
(ii) a person at a prison acting under lawful
5 authority on behalf of the Secretary
receives the person into the prison; or".
8 Building work
(1) Section 8G(1) of the Principal Act is repealed.
(2) In section 8G(2) of the Principal Act, for
10 "Sections 30" substitute "Sections 23, 30, 47".
9 Secretary may authorize medical practitioner to act
as principal medical officer or medical officer
(1) Insert the following heading to section 16 of the
Principal Act--
15 "Secretary may authorize medical practitioner
to act as principal medical officer or medical
officer".
(2) For section 16(1) of the Principal Act
substitute--
20 "(1) If there is no principal medical officer or
medical officer appointed for a prison or the
principal medical officer or medical officer
for the prison is absent, the Secretary may by
instrument authorize a registered medical
25 practitioner to act as principal medical
officer or medical officer (as the case may
be) for that prison while the relevant position
is vacant or until the return of the relevant
officer.".
30 (3) For section 16(4) of the Principal Act
substitute--
"(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
571251B.I-12/12/2012 5 BILL LA INTRODUCTION 12/12/2012
Corrections Amendment Bill 2012
Part 2--Corrections Act 1986
s. 10
medical officer or medical officer (as the
case may be).".
10 Duties relating to security and welfare
(1) After section 20(5) of the Principal Act insert--
5 "(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.".
10 (2) For section 20(6)(b) of the Principal Act
substitute--
"(b) subsections (4), (5) and (5A) apply as if they
referred to returns, reports, records and oral
or written information concerning prison
15 security only.".
11 Repeal of section 30
Section 30 of the Principal Act is repealed.
12 Victim may be given certain copies of orders and
information about a prisoner
20 (1) In the heading to section 30A of the Principal Act,
after "certain" insert "copies of orders and".
(2) After section 30A(2AA)(b)(ii) of the Principal Act
insert--
"(iii) a copy of the order;".
25 (3) In section 30A(2AA)(ba) of the Principal Act, for
"made" substitute "made, varied".
(4) After section 30A(2AA)(ba)(ii) of the Principal
Act insert--
"(iii) a copy of the order;".
30 (5) In section 30A(2AC)(a) of the Principal Act, for
"section 183" substitute "section 184".
571251B.I-12/12/2012 6 BILL LA INTRODUCTION 12/12/2012
Corrections Amendment Bill 2012
Part 2--Corrections Act 1986
s. 13
(6) In section 30A(2AC)(b) of the Principal Act, for
"188" substitute "186".
13 Definitions
In section 33 of the Principal Act--
5 (a) the definition of official visitor is repealed;
(b) insert the following definition--
"independent prison visitor means an
independent prison visitor appointed
under this Division;";
10 (c) in the definition of visitor, in paragraph (e),
for "official" substitute "independent
prison".
14 Section 35 substituted
For section 35 of the Principal Act substitute--
15 "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
20 an independent prison visitor are those stated
in the instrument of appointment.".
15 Repeal of section 36
Section 36 of the Principal Act is repealed.
16 Search
25 In section 45(8) of the Principal Act, for "from the
general post office at the corner" substitute
"of the intersection".
571251B.I-12/12/2012 7 BILL LA INTRODUCTION 12/12/2012
Corrections Amendment Bill 2012
Part 2--Corrections Act 1986
s. 18
17 Prisoners rights
(1) In section 47(1)(f) of the Principal Act, for
"practitioner" substitute "practitioner, dentist,".
(2) In section 47(1)(j) of the Principal Act, for
5 "official" substitute "independent prison".
(3) In section 47(1)(m)(i) of the Principal Act, for
"official" substitute "independent prison".
18 Certain confidential letters may be inspected
In section 47B(4) of the Principal Act, for
10 "official" substitute "independent prison".
19 New section 47M inserted
In Part 6 of the Principal Act, after section 47L
insert--
"47M Information-sharing between the
15 Secretary and the Victorian Registrar
(1) Despite any other law to the contrary, the
Secretary must notify the Victorian Registrar
of the following details in relation to each
prisoner--
20 (a) the prisoner's name (including any
other name by which he or she is or has
previously been known);
(b) the prisoner's date of birth;
(c) the prisoner's residential address
25 immediately before being taken into
custody.
(2) If the Secretary has given notification under
subsection (1) in respect of a prisoner, the
Secretary must notify the Victorian Registrar
30 as soon as practicable of that prisoner's
release, whether on parole or at the end of
his or her sentence.".
571251B.I-12/12/2012 8 BILL LA INTRODUCTION 12/12/2012
Corrections Amendment Bill 2012
Part 2--Corrections Act 1986
s. 20
20 New Division 2B inserted in Part 8
After Division 2A in Part 8 of the Principal Act
insert--
"Division 2B--Police custody transfer orders
5 56B Application for police custody transfer
order
(1) A member of the police force of or above the
rank of Assistant Commissioner of Police
may apply to the Supreme Court for a police
10 custody transfer order in relation to a
prisoner if he or she believes on reasonable
grounds that the prisoner will voluntarily
provide information to a member of the
police force provided that any interview
15 between the prisoner and a member of the
police force occurs outside a prison.
(2) An application must not be made under
subsection (1) for a purpose relating to the
investigation of an offence that the prisoner
20 committed or is reasonably suspected of
having committed unless the prisoner has
been convicted or found guilty of that
offence.
(3) An application under subsection (1) must not
25 be made in relation to a prisoner in
circumstances in which the prisoner may be
removed from prison by or under this Act
and delivered in to the custody of another
person.
30 (4) An application under subsection (1) must--
(a) be in writing; and
(b) state the grounds on which the
application is made; and
571251B.I-12/12/2012 9 BILL LA INTRODUCTION 12/12/2012
Corrections Amendment Bill 2012
Part 2--Corrections Act 1986
s. 20
(c) include the following documents--
(i) the prisoner's written consent to
the making of the proposed order;
and
5 (ii) an assessment made by a member
of the police force as to the risks,
(if the order is made) to the
security and good order of the
prison in which the prisoner is
10 detained and to the safety and
welfare of the prisoner or any
other person before the making of
the order, while the order is in
force and after the order ceases to
15 be in force; and
(iii) an assessment made by the
Secretary (taking into account the
assessment referred to in
subparagraph (ii)) as to the risks
20 (if the order is made) to the
security and good order of the
prison in which the prisoner is
detained and to the safety and
welfare of the prisoner or any
25 other person before the making of
the order, while the order is in
force and after the order ceases to
be in force; and
(iv) a statement made by the Secretary
30 as to the conditions (if any) the
Secretary seeks to be imposed on
the order.
(5) An applicant for a police custody transfer
order must serve a copy of the application on
35 the Secretary.
571251B.I-12/12/2012 10 BILL LA INTRODUCTION 12/12/2012
Corrections Amendment Bill 2012
Part 2--Corrections Act 1986
s. 20
(6) An application under subsection (1) is not to
be heard in open court.
56C Application to be determined on the
papers and information to be in custody of
5 the Court
(1) The Supreme Court, after considering an
application made under section 56B, is to
determine the matter on the papers.
(2) A person is not entitled to search any
10 document in the custody of the Supreme
Court that forms part of an application made
under section 56B or an order made under
section 56D unless the Court otherwise
orders in the interests of justice.
15 56D Court may make police custody transfer
order
(1) The Supreme Court may make a police
custody transfer order in relation to a
prisoner if the Court is satisfied--
20 (a) as to the grounds on which the
application for the order was made;
and
(b) that adequate consideration has been
given to the security and good order of
25 the prison and the safety and welfare of
the prisoner and other persons.
(2) A police custody transfer order authorises
the prisoner to whom it applies to be absent
from a prison for the period or periods
30 (not exceeding a total of 3 days) specified in
the order.
571251B.I-12/12/2012 11 BILL LA INTRODUCTION 12/12/2012
Corrections Amendment Bill 2012
Part 2--Corrections Act 1986
s. 20
(3) A police custody transfer order must not
authorise a prisoner to be absent from a
prison overnight unless the Supreme Court is
satisfied that exceptional circumstances
5 exist.
(4) A police custody transfer order is subject to
any conditions that the Supreme Court
considers appropriate.
56E Information to be provided on return of
10 person to legal custody of Secretary
The Chief Commissioner of Police must
ensure that, on the return of a prisoner
subject to a police custody transfer order to
the legal custody of the Secretary, the
15 Secretary is informed in writing as to any
change to the risks to--
(a) the security and good order of the
prison in which the prisoner is detained
while the order is in force and after the
20 order ceases to be force;
(b) the safety and welfare of the prisoner or
any other person while the order is in
force and after the order ceases to be in
force.
25 56F Revocation of police custody transfer
order
(1) The Secretary or a member of the police
force of or above the rank of Assistant
Commissioner of Police may apply to the
30 Supreme Court at any time for the revocation
of a police custody transfer order.
(2) On an application under subsection (1), the
Supreme Court may revoke the police
custody transfer order if it considers it
35 reasonable in the circumstances to do so.".
571251B.I-12/12/2012 12 BILL LA INTRODUCTION 12/12/2012
Corrections Amendment Bill 2012
Part 2--Corrections Act 1986
s. 21
21 Corrections administration permit
(1) In section 57A(1) of the Principal Act, for "The"
substitute "Subject to subsection (1A), the".
(2) After section 57A(1) of the Principal Act insert--
5 "(1A) The Secretary must not issue a corrections
administration permit to a prisoner under
subsection (1) in circumstances in which the
prisoner may be removed from prison in
accordance with a police custody transfer
10 order.".
22 Establishment of Board
(1) After section 61(2)(a) of the Principal Act
insert--
"(ab) such number of Associate Judges of the
15 Supreme Court as are appointed by the
Governor in Council on the recommendation
of the Chief Justice of the Supreme Court;
and".
(2) For section 61(2)(e) of the Principal Act
20 substitute--
"(e) one or more persons appointed by the
Governor in Council as part-time members;
and".
23 Terms of office
25 (1) After section 63(6) of the Principal Act insert--
"(6AA) If a member who is an Associate Judge of
the Supreme Court ceases to be an Associate
Judge, the member ceases to hold office as a
member.".
571251B.I-12/12/2012 13 BILL LA INTRODUCTION 12/12/2012
Corrections Amendment Bill 2012
Part 2--Corrections Act 1986
s. 24
(2) After section 63(8) of the Principal Act insert--
"(8A) The appointment as a member of the Board
of an Associate Judge of the Supreme Court
does not affect the tenure of office, rank,
5 status or the remuneration rights or
privileges of the Associate Judge as the
holder of office as an Associate Judge, and
for all purposes, service as a member of the
Board by an Associate Judge is to be
10 regarded as service as an Associate Judge.".
(3) In section 63(9) of the Principal Act, for "County
Court" substitute "County Court, an Associate
Judge of the Supreme Court".
(4) In section 63(10) of the Principal Act, for "County
15 Court" substitute "County Court, an Associate
Judge of the Supreme Court".
24 Divisions
In section 64(2) of the Principal Act, after "retired
Judge," (where twice occurring) insert "Associate
20 Judge,".
25 Detention and Supervision Order division
In section 64A(5) of the Principal Act, after
"retired Judge," insert "Associate Judge,".
26 Chairperson
25 In section 65 of the Principal Act, after
"section 61(2)(a)," insert "(ab),".
27 Reports
In section 72(1) of the Principal Act, after
paragraph (b) insert--
30 "(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
571251B.I-12/12/2012 14 BILL LA INTRODUCTION 12/12/2012
Corrections Amendment Bill 2012
Part 2--Corrections Act 1986
s. 28
(bb) the number of requests made for a review of
a Board decision relating to parole; and
(bc) the number of rejections of a request made
for a review of a Board decision relating to
5 parole and the reason for each rejection; and
(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".
10 28 Persons on parole deemed still under sentence
In section 76 of the Principal Act omit "for more
than three months".
29 Cancellation of parole
(1) In section 77(5) of the Principal Act omit
15 "for more than 3 months".
(2) After section 77(5) of the Principal Act insert--
"(5A) For the purposes of subsection (5), an
offence is taken to have been committed
during the parole period if--
20 (a) the offence is committed between
2 dates, one of which is within the
parole period; or
(b) the parole period is between the 2 dates
referred to in paragraph (a).".
25 30 Powers and duties of officers
(1) After section 90(2) of the Principal Act insert--
"(2A) An officer, when required by the Secretary,
must provide oral or written information to
the Secretary in relation to the management,
30 security or good order of a location or the
safety and welfare of offenders at a
location.".
571251B.I-12/12/2012 15 BILL LA INTRODUCTION 12/12/2012
Corrections Amendment Bill 2012
Part 2--Corrections Act 1986
s. 31
(2) For section 90(4)(a) of the Principal Act
substitute--
"(a) subsections (1), (2) and (2A) apply as if they
referred to reports, returns, records and oral
5 or written information concerning the
security of locations only; and".
31 Repeal of section 91
Section 91 of the Principal Act is repealed.
32 New section 99A inserted
10 After section 99 of the Principal Act insert--
"99A Offenders may be tested to assess whether
under the influence of alcohol or any drug
(1) Subject to subsection (2), if the Secretary
considers it necessary to do so for the
15 management, good order or security of a
location or for the safety and welfare of
offenders at a location or in order for an
offender to perform unpaid community work
at a location, the Secretary may at any time
20 direct an offender to submit to tests to assess
whether the offender is under the influence
of--
(a) alcohol; or
(b) any drug of dependence within the
25 meaning of the Drugs, Poisons and
Controlled Substances Act 1981; or
(c) any Schedule 8 poison or Schedule 9
poison within the meaning of the
Drugs, Poisons and Controlled
30 Substances Act 1981.
(2) The Secretary may give a direction under
subsection (1) only if the Secretary believes
on reasonable grounds that the offender is
under the influence of alcohol, a drug of
571251B.I-12/12/2012 16 BILL LA INTRODUCTION 12/12/2012
Corrections Amendment Bill 2012
Part 2--Corrections Act 1986
s. 33
dependence, a Schedule 8 poison or a
Schedule 9 poison.
(3) Tests under subsection (1)--
(a) must be of a kind approved by the
5 Secretary; and
(b) may include the taking of samples of
urine.
(4) For the purposes of this section, location
means--
10 (a) a community corrections centre; or
(b) a place which an offender is, by a
correctional order or Part 9, required to
attend for educational recreation or for
any other purpose.".
15 33 Search
(1) After section 100(1) of the Principal Act insert--
"(1A) A Regional Manager may, at any time, order
a community corrections officer to search
and examine an offender at a place that the
20 offender, by a correctional order or Part 9, is
required to attend for educational recreation
or for any other purpose, if the Regional
Manager believes that the search is necessary
for the security or good order of the place or
25 the offenders at the place.
(1B) Before a Regional Manager orders a
community corrections officer to search a
person, the Regional Manager or the officer
about to conduct the search must--
30 (a) inform the person of the authority of
the Regional Manager to order the
search; and
571251B.I-12/12/2012 17 BILL LA INTRODUCTION 12/12/2012
Corrections Amendment Bill 2012
Part 2--Corrections Act 1986
s. 33
(b) inform the person of the reason for the
search in that particular case; and
(c) ask the person whether he or she has in
his or her possession any article or
5 substance which may jeopardise the
good order or security of the
community corrections centre or the
place referred to in subsection (1A);
and
10 (d) ask the person to produce any article
referred to in paragraph (c); and
(e) provide the person with an opportunity
to respond to the requests made under
paragraphs (c) and (d); and
15 (f) record the person's responses to the
requests referred to in paragraphs (c)
and (d).
(1C) The Regional Manager must ensure, to the
extent practicable, that a search under this
20 section is conducted--
(a) in a private place or area that provides
reasonable privacy for the person being
searched; and
(b) in the presence of a witness; and
25 (c) as expeditiously as possible to
minimise the impact on the person's
dignity and self-respect; and
(d) by a person of the same sex as the
person being searched.
30 (1D) A Regional Manager must establish and
maintain a register of searches conducted
under this section.".
571251B.I-12/12/2012 18 BILL LA INTRODUCTION 12/12/2012
Corrections Amendment Bill 2012
Part 2--Corrections Act 1986
s. 34
(2) After section 100(6) of the Principal Act insert--
"(7) In this section, search means any or all of
the following--
(a) a garment search;
5 (b) a pat-down search;
(c) a scanning search.".
34 Seizure
In section 101(1) of the Principal Act--
(a) after "community corrections centre" (where
10 first occurring) insert "or in a place referred
to in section 100(1A)";
(b) for "or the safety of persons in it" substitute
"or that place or the safety of persons in the
centre or that place".
15 35 New Part 9E inserted
After Part 9D of the Principal Act insert--
"PART 9E--DISCLOSURE OF INFORMATION
104ZX Definitions
In this Part--
20 Corrections legislation means any of the
following--
(a) this Act;
(b) the Community Based Sentences
(Transfer) Act 2012;
25 (c) the Parole Orders (Transfer)
Act 1983;
(d) the Prisoners (Interstate
Transfer) Act 1983;
571251B.I-12/12/2012 19 BILL LA INTRODUCTION 12/12/2012
Corrections Amendment Bill 2012
Part 2--Corrections Act 1986
s. 35
(e) the Serious Sex Offenders
(Detention and Supervision) Act
2009;
(f) the regulations made under any
5 Act referred to in paragraph (a),
(b), (c), (d) or (e);
information includes photographs,
fingerprints, samples and results of
tests;
10 official duties includes the following--
(a) the administration of Corrections
legislation;
(b) the provision of reports to the
Minister in accordance with this
15 Act;
(c) the provision of training,
education or health-related
services to a prisoner or offender;
(d) law enforcement, including--
20 (i) the detection, investigation
or prosecution or prevention
of contraventions of the law;
and
(ii) the enforcement of laws
25 relating to the confiscation of
the proceeds of crime;
(e) preparation for, conduct of or
participation in, proceedings in
any court or tribunal;
30 (f) the administration of an order
made by the Secretary under
section 16, 16A or 17 of the
Mental Health Act 1986;
571251B.I-12/12/2012 20 BILL LA INTRODUCTION 12/12/2012
Corrections Amendment Bill 2012
Part 2--Corrections Act 1986
s. 35
(g) the administration or enforcement
of an order of a court or tribunal;
personal or confidential information
includes the following--
5 (a) information relating to the
personal affairs of a person who is
or has been an offender or a
prisoner;
(b) information relating to the
10 classification of a prisoner under
this Act;
(c) information--
(i) that identifies any person or
discloses his or her address
15 or location; or
(ii) from which any person's
identity, address or location
can reasonably be
determined;
20 (d) 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;
25 (e) information contained in a report
given to a court that is not
disclosed in a decision of the court
or in any reasons given by the
court for a decision of the court;
30 (f) information of a business,
commercial or financial nature
relating to--
(i) the provision of correctional
services; or
571251B.I-12/12/2012 21 BILL LA INTRODUCTION 12/12/2012
Corrections Amendment Bill 2012
Part 2--Corrections Act 1986
s. 35
(ii) an agreement entered into
under section 8B(1) or 9(1)
or a sub-contract agreement
under that agreement;
5 (g) information concerning the
investigation of a contravention or
possible contravention of the law
by--
(i) an offender; or
10 (ii) a prisoner; or
(iii) an officer within the
meaning of Part 5 or Part 9;
or
(iv) a person authorised under
15 section 9A to exercise a
function or power; or
(v) a person working with, or in
contact with, offenders or
prisoners; or
20 (vi) a person engaged in the
administration of this Act;
(h) information concerning
procedures or plans to be adopted
or followed in a prison in the
25 event of an emergency;
(i) information concerning the
management of prisons;
(j) information concerning--
(i) security systems and security
30 measures in, or in relation to,
a prison; or
(ii) security measures taken to
protect the community from
offenders;
571251B.I-12/12/2012 22 BILL LA INTRODUCTION 12/12/2012
Corrections Amendment Bill 2012
Part 2--Corrections Act 1986
s. 35
(k) information given to an
independent prison visitor as an
independent prison visitor;
relevant person means--
5 (a) an officer within the meaning of
Part 5 or Part 9;
(b) a member of the Adult Parole
Board;
(c) an independent prison visitor;
10 (d) an employee of the Department of
Justice;
(e) a person who provides services or
advice to the Department of
Justice whether paid or unpaid;
15 (f) a contractor or subcontractor or an
employee of a contractor or
subcontractor.
104ZY Authorisation to use or disclose
information
20 (1) A relevant person may use or disclose
personal or confidential information if the
use or disclosure is reasonably necessary for
the performance of the relevant person's
official duties.
25 (2) A relevant person may also use or disclose
personal or confidential information in the
following circumstances--
(a) if the use or disclosure is reasonably
necessary to lessen or prevent a serious
30 and imminent threat to a person's life,
health, safety or welfare or to public
health;
571251B.I-12/12/2012 23 BILL LA INTRODUCTION 12/12/2012
Corrections Amendment Bill 2012
Part 2--Corrections Act 1986
s. 35
(b) with the authorisation, or at the request,
of the person to whom the information
relates;
(c) if the use or disclosure is authorised by
5 the Minister;
(d) if the disclosure is to the Ombudsman
or the Ombudsman's officers;
(e) if the information is disclosed to a
person included on the victims register
10 for the purpose of making a victim
submission;
(f) if the information is the current location
of a prisoner and the disclosure is to the
prisoner's lawyer;
15 (g) if the use or disclosure is in accordance
with the Health Records Act 2001;
(h) if the disclosure is to the Department of
Human Services and the information is
reasonably necessary to ensure the
20 proper care, or housing, of a person
who is or is likely to be provided with
services by or on behalf of that
Department;
(i) if the disclosure is to the Department of
25 Health and the information is
reasonably necessary to ensure the
proper care or treatment of a person
who is or is likely to be provided with
services by or on behalf of that
30 Department;
(j) if the disclosure is to the Australian
Electoral Commission and the
information is reasonably necessary to
establish a prisoner's entitlement to vote
35 in accordance with the Commonwealth
Electoral Act 1918;
571251B.I-12/12/2012 24 BILL LA INTRODUCTION 12/12/2012
Corrections Amendment Bill 2012
Part 2--Corrections Act 1986
s. 35
(k) if the disclosure is to the
Commonwealth Department of
Immigration and Citizenship and the
information is reasonably necessary for
5 the purpose of determining the
eligibility of a prisoner to remain in
Australia in accordance with the
Migration Act 1958 of the
Commonwealth;
10 (l) if the disclosure is to the
Commonwealth Department of Human
Services and the information is
reasonably necessary for the purpose of
determining the eligibility of a prisoner
15 or former prisoner to receive
Commonwealth payments or
allowances;
(m) if the use or disclosure is to an
Australian lawyer for the purpose of
20 obtaining legal advice or representation
in relation to the administration or
operation of Corrections legislation;
(n) if the information is already in the
public domain;
25 (o) if the use or disclosure is specifically
authorised or required by or under this
Act or any other Act.
(3) This section does not apply to personal or
confidential information referred to in
30 section 104ZZ.
104ZZ Authorisation to disclose information
given to Adult Parole Board
A relevant person may use or disclose
information given to the Adult Parole Board
35 that is not disclosed in a decision of the
Board or in any reasons given by the Board
571251B.I-12/12/2012 25 BILL LA INTRODUCTION 12/12/2012
Corrections Amendment Bill 2012
Part 2--Corrections Act 1986
s. 36
for a decision of the Board if the use or
disclosure is reasonably necessary--
(a) for the administration of Corrections
legislation; or
5 (b) for the preparation for, conduct of or
participation in criminal proceedings in
any court or proceedings before a
tribunal; or
(c) to lessen or prevent a serious and
10 imminent threat to a person's life or
safety.
104ZZA Offence to use or disclose personal or
confidential information unless authorised
A person who is or has been a relevant
15 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.
20 __________________".
36 Regulations
(1) In section 112(1)(i) of the Principal Act, after
"investment of those retained moneys" (where last
occurring) insert "and providing that the
25 Secretary may approve the expenditure of that
interest or other proceeds from the investment of
those retained moneys for purposes related to
assisting victims (within the meaning of
paragraph (a), (b) or (c) of the definition of victim
30 in section 30A(1)) or their family members
(as defined in section 30A(1))".
(2) After section 112(1)(me) of the Principal Act
insert--
"(mf) police custody transfer orders;".
571251B.I-12/12/2012 26 BILL LA INTRODUCTION 12/12/2012
Corrections Amendment Bill 2012
Part 2--Corrections Act 1986
s. 37
37 New section 121 inserted
After section 120 of the Principal Act insert--
"121 Transitional provision--Corrections
Amendment Act 2012
5 (1) On and from the commencement of
section 14 of the Corrections Amendment
Act 2012, a person who is an official visitor
immediately before that commencement is
taken to be an independent prison visitor
10 appointed under Division 2 of Part 6 of this
Act for a period corresponding with the
remaining period of that person's
appointment as an official visitor.
(2) Any reference to an official visitor in any
15 subordinate instrument, instrument of
appointment or other document as far as it
relates to any period after the
commencement of section 14 of the
Corrections Amendment Act 2012 is to be
20 construed as a reference to an independent
prison visitor.".
__________________
571251B.I-12/12/2012 27 BILL LA INTRODUCTION 12/12/2012
Corrections Amendment Bill 2012
Part 3--Parole Orders (Transfer) Act 1983
s. 38
PART 3--PAROLE ORDERS (TRANSFER) ACT 1983
38 Principal Act
See: In this Part, the Parole Orders (Transfer) Act
Act No.
9960. 1983 is called the Principal Act.
Reprint No. 2
as at
16 February
2006.
LawToday:
www.
legislation.
vic.gov.au
5 39 Part 1 heading inserted
Before section 1 of the Principal Act insert--
"PART 1--PRELIMINARY".
40 Definitions
(1) In section 3 of the Principal Act, in the definition
10 of designated authority, for "or body with"
substitute "(other than a body corporate) having".
(2) In section 3 of the Principal Act, in the definition
of parole order--
(a) in paragraph (b), after "time to time;" insert
15 "and";
(b) after paragraph (b) insert--
"(c) a prospective parole order or a
prospective authority of the kind
referred to in paragraph (a) or (b), but
20 only for the purposes of making or
dealing with a request under
section 5;".
571251B.I-12/12/2012 28 BILL LA INTRODUCTION 12/12/2012
Corrections Amendment Bill 2012
Part 3--Parole Orders (Transfer) Act 1983
s. 41
41 Part 2 heading inserted
After section 4 of the Principal Act insert--
"__________________
PART 2--REGISTRATION OF PAROLE
5 ORDERS".
42 Requests for registration of transferred parole
orders
(1) In section 5(1) of the Principal Act, for "that was
in force at the time of the request" substitute
10 "made".
(2) In section 5(2) of the Principal Act, for "that is in
force" substitute "made".
(3) After section 5(2) of the Principal Act insert--
"(3) A direction or request is not to be made
15 under this section unless the Minister is
satisfied that the person to whom the parole
order relates--
(a) has given consent to, or has requested,
the registration of the parole order
20 under this Act or under the relevant
corresponding law (as the case
requires), and has not withdrawn that
consent or request; or
(b) is present in the State or Territory in
25 which the order is proposed to be
registered.
(4) A person who has given consent to, or has
requested, the registration of a parole order,
as referred to in subsection (3)(a), may
30 withdraw the consent or request at any time
before (but not after) the parole order is
registered.".
571251B.I-12/12/2012 29 BILL LA INTRODUCTION 12/12/2012
Corrections Amendment Bill 2012
Part 3--Parole Orders (Transfer) Act 1983
s. 43
43 Documents to accompany requests
(1) In section 6(2) of the Principal Act, for "a person
purporting to be the person in whose custody the
original is entrusted" substitute "the Registrar".
5 (2) After section 6(2) of the Principal Act insert--
"(3) In subsection (1)(a), a reference to a parole
order (including any variation of a parole
order) is a reference not only to the original
but also to a copy that, under a law of this
10 State, has the same effect as the original.".
44 Matters to which Minister to have regard
For section 7 of the Principal Act substitute--
"7 Matters to which Minister to have regard
In determining whether to make a direction
15 or request under section 5, the Minister must
have regard to the following matters--
(a) the interests (including the welfare) of
the person to whom the parole order
relates;
20 (b) the administration of justice in this or
any other State or a Territory;
(c) the protection of the community in this
or any other State or a Territory;
(d) any other matter the Minister considers
25 relevant.".
45 Registration
After section 8(1) of the Principal Act insert--
"(1A) Despite subsection (1), a parole order must
not be registered under this Act, unless, or
30 until, the person to whom the order relates is
present in this State.".
571251B.I-12/12/2012 30 BILL LA INTRODUCTION 12/12/2012
Corrections Amendment Bill 2012
Part 3--Parole Orders (Transfer) Act 1983
s. 46
46 Effect of registration
(1) After section 9(2) of the Principal Act insert--
"(2A) Without limiting subsections (1) and (2), the
person to whom the parole order relates may
5 be dealt with under the law of this State in
relation to any breach of the conditions of
the parole order that occurred before it was
registered under this Act.".
(2) For section 9(3) of the Principal Act substitute--
10 "(3) For the purposes of subsection (2), the
appropriate court of this State is--
(a) if the sentence of imprisonment
referred to in subsection (2)(a) was
imposed by a court of summary
15 jurisdiction or by a court on appeal
from a court of summary jurisdiction,
the Magistrates' Court; and
(b) in any other case, the Supreme Court.".
(3) Section 9(4) of the Principal Act is repealed.
20 47 Effect of transfer of parole order
(1) In section 10(1)(c) of the Principal Act, for
"this State." substitute "this State; and".
(2) After section 10(1)(c) of the Principal Act
insert--
25 "(d) proceedings against the person to whom the
parole order relates may not be commenced
or continued under the laws of this State in
relation to any breach of the conditions of
the parole order that occurred before it was
30 registered under the corresponding law.".
(3) In section 10(2)(b) of the Principal Act, for
"the registration under the corresponding law"
substitute "its first registration under a
corresponding law".
571251B.I-12/12/2012 31 BILL LA INTRODUCTION 12/12/2012
Corrections Amendment Bill 2012
Part 3--Parole Orders (Transfer) Act 1983
s. 48
48 Part 3 heading inserted
After section 10 of the Principal Act insert--
"__________________
PART 3--GENERAL".
5 49 New section 11A inserted
After section 11 of the Principal Act insert--
"11A Use of documents and information
(1) For the purpose of making a determination or
exercising a discretion under this Act, the
10 Minister--
(a) may inform himself or herself as the
Minister thinks fit including, in
particular, by reference to relevant
documents and information--
15 (i) forwarded to the Minister by the
designated authority of another
State or a Territory; or
(ii) obtained in the course of
investigations carried out in this
20 State in connection with the
making of the determination or the
exercise of the discretion; and
(b) may provide any such documents or
information (including any personal
25 information about the person to whom a
parole order relates) to any government
agencies or other persons that may be
directly affected by that person's
presence in the State or Territory in
30 which the parole order is, or is
proposed to be, registered.
571251B.I-12/12/2012 32 BILL LA INTRODUCTION 12/12/2012
Corrections Amendment Bill 2012
Part 3--Parole Orders (Transfer) Act 1983
s. 49
(2) This section does not authorise the disclosure
of information about a person to whom a
parole order relates unless the person--
(a) has given consent to, or has requested,
5 the registration of the parole order
under this Act or under the relevant
corresponding law (as the case
requires), and has not withdrawn that
consent or request; or
10 (b) is present in the State or Territory in
which the parole order is, or is
proposed to be, registered; or
(c) has applied for permission to travel to
that State or Territory.
15 (3) A person who has given consent to, or has
requested, the registration of a parole order,
as referred to in subsection (2)(a), may
withdraw the consent or request at any time
before (but not after) the parole order is
20 registered.".
__________________
571251B.I-12/12/2012 33 BILL LA INTRODUCTION 12/12/2012
Corrections Amendment Bill 2012
Part 4--General
s. 50
PART 4--GENERAL
50 Repeal of amending Act
This Act is repealed on 1 November 2014.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
571251B.I-12/12/2012 34 BILL LA INTRODUCTION 12/12/2012
Corrections Amendment Bill 2012
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571251B.I-12/12/2012 35 BILL LA INTRODUCTION 12/12/2012
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