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Corrections Legislation Further Amendment
Act 2017
No. of 2017
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 3
Part 2--Amendment of the Corrections Act 1986 4
3 Definitions 4
4 Employment under the Public Administration Act 5
5 Control of prisoners 6
6 New section 23A inserted 6
7 Electronic monitoring of prisoners 8
8 New section 31A inserted 8
9 New Division 1B inserted in Part 8 10
10 Secretary to supply assistance to Board 14
11 Reports 14
12 Release on parole after service of non-parole period 15
13 Release on parole of person imprisoned for sexual offence,
serious violent offence or terrorism or foreign incursion offence 15
14 Secretary may direct that prisoner be tested for alcohol or drug
use 15
15 Cancellation of parole 16
16 Prisoners may be released on parole more than once 16
17 Prisoner on parole to submit to testing 17
18 New Division 8 inserted in Part 8 18
19 Part 9 definitions 20
20 Offenders may be tested to assess whether under the influence
of alcohol or any drug 21
21 New Division 6A inserted in Part 9 22
22 Annual report 24
23 Regulations 24
24 New section 127A inserted 25
25 Schedule 3--Violent offences 26
26 Schedule 4--Terrorism or foreign incursion offences 26
i
Clause Page
Part 3--Amendment of the Major Crime (Investigative Powers)
Act 2004 27
27 Witness already held in custody 27
Part 4--Consequential and minor amendments 29
28 Bail Act 1977 29
29 Victoria Police Act 2013 29
Part 5--Repeal of amending Act 30
30 Repeal of amending Act 30
═════════════
Endnotes 31
1 General information 31
ii
Corrections Legislation Further
Amendment Act 2017
No. of 2017
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The purposes of this Act are--
(a) to amend the Corrections Act 1986--
(i) to create a new class of officer
called a security officer with functions
of providing security in relation to
premises where the Adult Parole Board
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No. of 2017
Part 1--Preliminary
meets or where employees assisting the
Board are located; and
(ii) to clarify the power to remove
electronic monitoring devices and
equipment from offenders; and
(iii) to clarify powers in relation to firearms
for prison officers and authorised police
officers during a prison emergency; and
(iv) to prohibit a prisoner from possessing,
making, using, controlling, concealing,
giving or supplying certain items in a
prison; and
(v) to provide for community corrections
officers to supervise or conduct tests on
offenders for alcohol or drug use; and
(vi) to amend provisions relating to
the Adult Parole Board, including
providing reports and information to
the Board; and
(vii) to provide for a paid employment
scheme for prisoners; and
(viii) to clarify a provision relating to parole;
and
(b) to amend the Major Crime (Investigative
Powers) Act 2004 in relation to the
supervision of prisoners appearing before
the Chief Examiner and their return to a
place of detention after the examination; and
(c) to make consequential and minor
amendments to the Bail Act 1977 and the
Victoria Police Act 2013.
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No. of 2017
Part 1--Preliminary
2 Commencement
(1) This Act (other than sections 5, 6, 14, 17 and 20)
comes into operation on the day after the day on
which this Act receives the Royal Assent.
(2) Subject to subsection (3), sections 5, 6, 14, 17
and 20 come into operation on a day or days to
be proclaimed.
(3) If a provision referred to in subsection (2) does
not come into operation before 1 August 2018, it
comes into operation on that day.
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No. of 2017
Part 2--Amendment of the Corrections Act 1986
Part 2--Amendment of the
Corrections Act 1986
3 Definitions
(1) In section 3(1) of the Corrections Act 1986
insert the following definitions--
"Board means the Adult Parole Board established
by section 61;
security officer means a security officer employed
under Part 4;
serious violent offence means any of the
following--
(a) an offence to which clause 2 of
Schedule 1 to the Sentencing Act 1991
applies;
(b) an offence against any of the following
provisions of the Crimes Act 1958--
(i) section 9AD as in force
immediately before its repeal
by section 3(3) of the Crimes
Amendment (Abolition of
Defensive Homicide) Act 2014;
(ii) section 75A (armed robbery);
(iii) section 77 (aggravated burglary);
(iv) section 77A (home invasion);
(v) section 77B (aggravated home
invasion);
(vi) section 79 (carjacking);
(vii) section 79A (aggravated
carjacking);
(viii) section 197A (arson causing
death);
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Part 2--Amendment of the Corrections Act 1986
(ix) section 325(1) (accessories) in
circumstances where the principal
offender has committed murder;
(c) false imprisonment;
(d) an offence of conspiracy to commit,
incitement to commit or attempt to
commit an offence referred to in
paragraph (b) or (c);
(e) any other offence, whether committed
in Victoria or elsewhere, the necessary
elements of which consist of elements
that constitute an offence referred to in
paragraph (b), (c) or (d);
sexual offence (except in section 56AC) means
an offence referred to in Schedule 1 to the
Serious Sex Offenders (Detention and
Supervision) Act 2009;
terrorism or foreign incursion offence means an
offence referred to in Schedule 4;".
(2) In section 55(1) of the Corrections Act 1986, the
definition of Board is repealed.
4 Employment under the Public Administration Act
(1) In section 12(1) of the Corrections Act 1986,
after "parole officers" insert ", security officers".
(2) After section 12(4) of the Corrections Act 1986
insert--
"(5) A prison officer or an escort officer, or a
class of prison officers or a class of escort
officers, may also be appointed under
subsection (1) as a security officer or as
security officers, as the case requires.".
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Part 2--Amendment of the Corrections Act 1986
5 Control of prisoners
After section 23(5) of the Corrections Act 1986
insert--
"(6) This section is subject to sections 23A,
55EA, 55EB and 55EC.".
6 New section 23A inserted
After section 23 of the Corrections Act 1986
insert--
"23A Use of firearms by police exercising
powers of a prison officer
(1) A police officer who is authorised under
section 15 to exercise all or any of the
powers of a prison officer is, when
exercising those powers, subject to the
following conditions on the use of firearms.
(2) A police officer may discharge a firearm at a
prisoner if--
(a) the prisoner escapes or attempts to
escape from custody; and
(b) the police officer reasonably believes
that discharging the firearm is the only
practicable way to prevent the escape of
the prisoner from custody.
(3) A police officer may discharge a firearm at
a person if the police officer reasonably
believes that--
(a) the person is aiding a prisoner in
escaping or attempting to escape from
custody; and
(b) discharging the firearm is the only
practicable way to prevent the escape
of the prisoner from custody.
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Part 2--Amendment of the Corrections Act 1986
(4) A police officer may discharge a firearm at a
person if--
(a) that person is using force or threatening
force against--
(i) a person in a prison; or
(ii) an officer within the meaning of
Part 5 (including the police officer
carrying the firearm) acting in the
execution of the officer's duties
outside a prison; or
(iii) a prisoner outside a prison; and
(b) the police officer reasonably believes
that discharging the firearm is the only
practicable way to prevent that person
causing death or serious injury.
(5) Before discharging a firearm at a person, a
police officer must--
(a) if it is practicable to do so, give an oral
warning to that person to the effect that
the person will be shot at if that person
does not stop escaping, attempting to
escape, aiding an escape or attempted
escape or using or threatening force
(as the case may be); and
(b) be satisfied that discharging a firearm
at the person does not create an
unnecessary risk to any other person.
(6) A police officer may discharge a firearm that
is a prescribed non-lethal firearm at a person
if the police officer reasonably believes that
discharging the firearm is the only
practicable way--
(a) to prevent, control or stop a riot in a
prison; or
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Part 2--Amendment of the Corrections Act 1986
(b) to prevent a serious threat to the
security or good order of the prison.".
7 Electronic monitoring of prisoners
(1) In section 30(2)(b) of the Corrections Act 1986,
for "damage or disable" substitute "damage,
disable or remove".
(2) After section 30(4) of the Corrections Act 1986
insert--
"(5) On a direction given by the Governor, a
prison officer may remove for any purpose
an electronic monitoring device worn by a
prisoner who is subject to an order under
this section.".
8 New section 31A inserted
After section 31 of the Corrections Act 1986
insert--
"31A Offence for prisoner to possess etc. certain
items in prison
(1) A prisoner must not possess, make, use,
control, conceal, give or supply a category 1
item or a category 2 item in a prison without
a reasonable excuse.
Penalty: 2 years imprisonment, in the case
of a category 1 item;
12 months imprisonment, in the
case of a category 2 item.
(2) Subsection (1) does not apply to an item that
is permitted by this Act or the regulations.
(3) In a proceeding for an offence against
subsection (1), evidence that a category 1
item or a category 2 item has been found
on the person of a prisoner or in a room
occupied solely by a prisoner is evidence
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Part 2--Amendment of the Corrections Act 1986
that the item was in the possession of the
prisoner.
(4) In this section--
category 1 item means any of the
following--
(a) an explosive substance within
the meaning of section 317 of the
Crimes Act 1958;
(b) a controlled weapon, a dangerous
article or a prohibited weapon
within the meaning of the Control
of Weapons Act 1990;
(c) a firearm within the meaning of
the Firearms Act 1996;
(d) a drug of dependence;
(e) child abuse material within the
meaning of section 51A of the
Crimes Act 1958;
(f) a device capable of
communication using any
technology, a part of such a
device or a device that enables
or facilitates the functioning of
such a device;
category 2 item means any of the
following--
(a) an implement or device used,
made to be used or modified to be
used, for administering a drug of
dependence or a part of such an
implement or device;
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Part 2--Amendment of the Corrections Act 1986
(b) a drug or medication for which
a prescription from a registered
medical practitioner or a dentist is
required but which has not been
prescribed for the prisoner;
(c) an electronic storage or recording
device;
(d) an electronic device that
is capable of processing
information but is not capable
of communication;
use, in relation to a drug of dependence, has
the same meaning as in section 70 of
the Drugs, Poisons and Controlled
Substances Act 1981.".
9 New Division 1B inserted in Part 8
After Division 1A of Part 8 of the Corrections
Act 1986 insert--
"Division 1B--Security officers
55K Functions of security officers
The functions of a security officer are--
(a) to provide security at premises where--
(i) the Board meets; or
(ii) employees of the Department
who are assisting the Board
under section 70(1) to perform
its functions are located; and
(b) if required, to assist a police officer in
the performance of the police officer's
duties at premises where the Board
meets.
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Part 2--Amendment of the Corrections Act 1986
55L Powers of security officers
(1) In performing the functions of a security
officer, a security officer may--
(a) carry out a garment search, a pat-down
search or a scanning search of a
prisoner on parole and anything in the
prisoner's possession or under the
prisoner's control; and
(b) seize anything found during a search
carried out under paragraph (a) if the
security officer believes on reasonable
grounds that seizure is necessary for the
safety of any person; and
(c) supervise, escort or accompany a
prisoner on parole who is attending in
person at premises where the Board
meets; and
(d) direct a prisoner on parole to do or not
do anything that the security officer
believes on reasonable grounds is
necessary for the safety of any person;
and
(e) if necessary, use reasonable force to
compel a prisoner on parole to obey a
direction given by a security officer or
a police officer; and
(f) subject to subsection (3), apply an
instrument of restraint to the prisoner
on parole if the security officer
believes on reasonable grounds that
the application of the instrument of
restraint is necessary to prevent injury
to any person; and
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Part 2--Amendment of the Corrections Act 1986
(g) arrest without warrant a prisoner on
parole if--
(i) the security officer believes on
reasonable grounds that the
prisoner has committed an
indictable offence; or
(ii) the Board cancels the prisoner's
parole.
(2) For the purposes of subsection (1)(e), a
security officer may use any weapon
(other than a firearm) in accordance with an
exemption granted under section 8B of the
Control of Weapons Act 1990.
Example
An extendable baton or capsicum spray, if the weapon
is subject to an exemption applying to the security
officer in the circumstances.
(3) For the purposes of subsection (1)(f), a
security officer may apply an instrument of
restraint to a prisoner on parole if--
(a) the instrument, or type of instrument,
is approved by the Secretary; and
(b) the instrument is used in the manner
determined by the Secretary.
(4) A security officer who has arrested a
prisoner on parole under subsection (1)(g)--
(a) must deliver the prisoner into the
custody of a police officer as soon as
practicable after the arrest to be dealt
with according to law or to be returned
to prison; and
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Part 2--Amendment of the Corrections Act 1986
(b) may detain the prisoner in a suitable
place until the prisoner is delivered into
the custody of a police officer under
paragraph (a).
(5) In this section, prisoner on parole includes
a prisoner whose parole is cancelled by the
Board.
55M Seizure of things--how dealt with,
reporting and recording
(1) A security officer must deal with anything
seized under section 55L(1)(b) in accordance
with the regulations.
(2) A security officer who seizes anything under
section 55L(1)(b) must--
(a) report the seizure to the Secretary; and
(b) record details of the seizure in a register
established and kept by the Secretary.
55N Report of use of force or application of
instrument of restraint
(1) This section applies if a security officer--
(a) in accordance with section 55L(1)(e),
uses force against a prisoner on parole;
or
(b) in accordance with section 55L(1)(f),
applies an instrument of restraint to a
prisoner on parole.
(2) A security officer referred to in subsection
(1) must report, as soon as possible, the use
of force or the application of the instrument
of restraint (as the case may be) to the
Secretary.
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Part 2--Amendment of the Corrections Act 1986
55O No liability
A security officer is not liable for injury or
damage caused by--
(a) the use of force in accordance with
section 55L(1)(e); or
(b) the application of an instrument
of restraint in accordance with
section 55L(1)(f).
55P Protective services officer may exercise
powers of security officer under this
Division
A protective services officer on duty at a
designated place that is a place referred to
in section 55K may exercise all the powers
and has all the responsibilities given to or
imposed on a security officer under this
Division.".
10 Secretary to supply assistance to Board
At the end of section 70 of the Corrections
Act 1986 insert--
"(3) When so required by the Board in the
performance of its functions, the Secretary
must report to the Board on any matter
concerning an offender.".
11 Reports
In section 72(8) of the Corrections Act 1986
omit ", all within the meaning of section 77(9)".
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Part 2--Amendment of the Corrections Act 1986
12 Release on parole after service of non-parole period
After section 74(1) of the Corrections Act 1986
insert--
"(1AA) For the purposes of subsection (1), the
Board must have regard to the record of the
court in relation to the offending, including
the judgment and the reasons for sentence.".
13 Release on parole of person imprisoned for sexual
offence, serious violent offence or terrorism or
foreign incursion offence
(1) In section 74AAB(1)(c) of the Corrections
Act 1986, for "any other members of the Board"
substitute "other members of the Board, if any,".
(2) Section 74AAB(8) of the Corrections Act 1986
is repealed.
14 Secretary may direct that prisoner be tested for
alcohol or drug use
(1) In section 76A(2) of the Corrections Act 1986--
(a) in paragraph (b), for "urine." substitute
"urine; and";
(b) after paragraph (b) insert--
"(c) if the Secretary so directs, may be
conducted or supervised by an officer
within the meaning of Part 9.".
(2) After section 76A(2) of the Corrections Act 1986
insert--
"(2A) The Secretary may give a direction referred
to in subsection (2)(c) if the Secretary
reasonably believes that the direction is
necessary to ensure the reliability and
accuracy of the test.
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Part 2--Amendment of the Corrections Act 1986
(2B) If a test includes the taking of a sample of
urine from a prisoner and is to be conducted
or supervised by an officer in accordance
with a direction referred to in subsection
(2)(c), the officer must--
(a) if the prisoner identifies as being of a
particular gender, be of that gender; or
(b) if the prisoner requests that the officer
be of a different gender, be of that
different gender.
(2C) Subsection (2B) need not be complied
with if it is not practicable for the test to
be conducted or supervised in accordance
with that subsection.".
15 Cancellation of parole
(1) After section 77(8) of the Corrections Act 1986
insert--
"(8A) For the purposes of this section, the Board
must have regard to the record of the court
in relation to the offending, including the
judgment and the reasons for sentence.".
(2) For section 77(9) of the Corrections Act 1986
substitute--
"(9) In this section, conviction includes a
finding of guilt by a court, whether or
not a conviction is recorded.".
16 Prisoners may be released on parole more than once
After section 78(4) of the Corrections Act 1986
insert--
"(5) For the purposes of this section, the Board
must have regard to the record of the court
in relation to the offending, including the
judgment and the reasons for sentence.".
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17 Prisoner on parole to submit to testing
After section 78P(2) of the Corrections Act 1986
insert--
"(3) A test or procedure referred to in subsection
(1) may be conducted or supervised by a
specified officer if a specified officer
reasonably believes that the direction is
necessary to ensure the reliability and
accuracy of the test or procedure.
(4) If a test includes the taking of a sample of
urine from a prisoner on parole and is to
be conducted or supervised by a specified
officer under subsection (3), the specified
officer must--
(a) if the prisoner on parole identifies as
being of a particular gender, be of that
gender; or
(b) if the prisoner on parole requests that
the specified officer be of a different
gender, be of that different gender.
(5) Subsection (4) need not be complied with
if it is not practicable for the test to be
conducted or supervised in accordance
with that subsection.".
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Part 2--Amendment of the Corrections Act 1986
18 New Division 8 inserted in Part 8
After Division 7 of Part 8 of the Corrections
Act 1986 insert--
"Division 8--Removal of electronic
monitoring devices and equipment
79L Who may remove electronic monitoring
devices and equipment
(1) This section applies if a requirement
for electronic monitoring of a prisoner is
attached to a term or condition of a parole
order and--
(a) the term or condition is varied to
remove the requirement; or
(b) the term or condition is revoked; or
(c) the prisoner's parole is cancelled or
elapses.
(2) This section also applies if a requirement
for electronic monitoring of a prisoner is
attached to a term or condition of a parole
order and the prisoner is under arrest on
suspicion of having committed an offence.
(3) Subject to subsection (5), an officer may
remove an electronic monitoring device
worn by a prisoner referred to in subsection
(1) as soon as practicable before or after the
variation, revocation, cancellation or elapse.
(4) Subject to subsection (5), an officer
may remove any equipment used for the
electronic monitoring that is at the place
where the prisoner on parole resides or that
is in the possession of or on the person of
the prisoner.
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Part 2--Amendment of the Corrections Act 1986
(5) An officer referred to in subsection (10)(c),
(d), (e), (f) or (g) may take action under
subsection (3) or (4) only on a direction
given by the Secretary or the Board.
(6) A police officer may remove an electronic
monitoring device worn by a prisoner
referred to in subsection (2) for any purpose.
(7) If practicable, before removing an electronic
monitoring device or equipment used for the
electronic monitoring of a prisoner an officer
must inform the prisoner that--
(a) the removal is to occur; and
(b) the prisoner may consent to the
removal; and
(c) if consent is not given, reasonable force
may be used--
(i) to remove the device or
equipment; and
(ii) if the case requires, to enter a
place where the prisoner resides
in order to remove the device or
equipment.
(8) If a prisoner does not consent to the
removal of an electronic monitoring
device or equipment used for the electronic
monitoring, an officer may use reasonable
force--
(a) to remove the device or equipment
from the prisoner; and
(b) to enter a place where the prisoner
resides in order to remove the device
or equipment.
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Part 2--Amendment of the Corrections Act 1986
(9) This section does not affect the power to
remove an electronic monitoring device and
equipment used for the electronic monitoring
of the prisoner to monitor compliance with
conditions imposed under section 74(5A) or
for a purpose referred to in section 74(5A).
(10) In this section, officer means any of the
following--
(a) a police officer;
(b) a police custody officer;
(c) a prison officer;
(d) an escort officer employed under
Part 4;
(e) a security officer;
(f) a specified officer within the
meaning of the Serious Sex
Offenders (Detention and
Supervision) Act 2009;
(g) an employee of the Department who
is authorised under section 79M.
79M Commissioner may authorise employee to
exercise powers of officer
The Commissioner may, by instrument,
authorise a specified employee of the
Department, or an employee holding a
specified position in the Department, to
exercise the powers of an officer under
section 79L.".
19 Part 9 definitions
In section 85 of the Corrections Act 1986, in the
definition of officer, after paragraph (b) insert--
"(ba) a security officer; or".
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20 Offenders may be tested to assess whether under the
influence of alcohol or any drug
(1) In section 99A(3) of the Corrections Act 1986--
(a) in paragraph (b), for "urine." substitute
"urine; and";
(b) after paragraph (b) insert--
"(c) if the Secretary so directs, may be
conducted or supervised by an officer
within the meaning of Part 9.".
(2) After section 99A(3) of the Corrections Act 1986
insert--
"(3A) The Secretary may give a direction referred
to in subsection (3)(c) if the Secretary
reasonably believes that the direction is
necessary to ensure the reliability and
accuracy of the test.
(3B) If a test includes the taking of a sample
of urine from an offender and is to be
conducted or supervised by an officer in
accordance with a direction referred to in
subsection (3)(c), the officer must--
(a) if the offender identifies as being of a
particular gender, be of that gender; or
(b) if the offender requests that the officer
be of a different gender, be of that
different gender.
(3C) Subsection (3B) need not be complied
with if it is not practicable for the test to
be conducted or supervised in accordance
with that subsection.".
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Part 2--Amendment of the Corrections Act 1986
21 New Division 6A inserted in Part 9
After Division 6 of Part 9 of the Corrections
Act 1986 insert--
"Division 6A--Removal of electronic
monitoring devices and equipment
104AAA Who may remove electronic monitoring
devices and equipment
(1) This section applies if a requirement for
electronic monitoring of an offender is
attached to a condition of a community
correction order and--
(a) the condition is varied to remove the
requirement; or
(b) the condition is suspended or cancelled;
or
(c) the community correction order is
cancelled or expires.
(2) Subject to subsection (4), an officer may
remove an electronic monitoring device
worn by an offender referred to in subsection
(1) as soon as practicable before or after the
variation, suspension, cancellation or expiry.
(3) Subject to subsection (4), an officer
may remove any equipment used for the
electronic monitoring at the place where the
offender resides or that is in the possession
of or on the person of the offender.
(4) An officer referred to in paragraph (c),
(d), (e) or (f) of the definition of officer
in subsection (8) may take action under
subsection (2) or (3) only on a direction
given by the Secretary.
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(5) If practicable, before removing an electronic
monitoring device or equipment used for the
electronic monitoring of an offender an
officer must inform the offender that--
(a) the removal is to occur; and
(b) the offender may consent to the
removal; and
(c) if consent is not given, reasonable force
may be used--
(i) to remove the device or
equipment; and
(ii) if the case requires, to enter a
place where the offender resides
in order to remove the device or
equipment.
(6) If an offender does not consent to the
removal of an electronic monitoring device
or equipment used for the electronic
monitoring, an officer may use reasonable
force--
(a) to remove the device or equipment
from the offender; and
(b) to enter a place where the offender
resides in order to remove the device
or equipment.
(7) This section does not affect the power to
remove an electronic monitoring device and
equipment used for the electronic monitoring
of the offender to monitor compliance with
conditions imposed under section 48LA(8)
of the Sentencing Act 1991 or for a purpose
referred to in section 48LA(8) of that Act.
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Part 2--Amendment of the Corrections Act 1986
(8) In this section--
community correction order has the
same meaning as in the Sentencing
Act 1991;
officer means any of the following--
(a) a police officer;
(b) a police custody officer;
(c) a prison officer;
(d) an escort officer employed under
Part 4;
(e) a community corrections officer;
(f) an employee of the Department
who is authorised under section
104AAB.
104AAB Commissioner may authorise employee to
exercise powers of officer
The Commissioner may, by instrument,
authorise a specified employee of the
Department, or an employee holding a
specified position in the Department, to
exercise the powers of an officer under
section 104AAA.".
22 Annual report
In section 104AA(3) of the Corrections
Act 1986, for the definition of serious offence
substitute--
"serious offence means a sexual offence or a
serious violent offence.".
23 Regulations
(1) In section 112(1)(i) of the Corrections Act 1986,
after "the Secretary may approve the expenditure
of that interest or other proceeds from the
24
Corrections Legislation Further Amendment Act 2017
No. of 2017
Part 2--Amendment of the Corrections Act 1986
investment of those retained moneys" insert
"or from earnings retained under an agreement
with the Secretary".
(2) After section 112(1)(i) of the Corrections
Act 1986 insert--
"(ia) without limiting paragraph (i), the entering
into agreements between the Secretary and
a prisoner who has been assessed by the
Secretary as suitable to undertake paid
employment outside a prison;".
24 New section 127A inserted
After section 127 of the Corrections Act 1986
insert--
"127A Transitional--Justice Legislation
Amendment (Parole Reform and Other
Matters) Act 2016
To avoid doubt, and without limiting
the application of the amendments made
by Part 2 of the Justice Legislation
Amendment (Parole Reform and
Other Matters) Act 2016 in respect of
applications for parole made on or after the
commencement of those amendments--
(a) the amendments made by that Part
also apply to a prisoner convicted and
sentenced as mentioned in section
74AAA(1), regardless of whether,
before the commencement of those
amendments--
(i) the prisoner had become eligible
for parole; or
(ii) the prisoner had taken any steps to
ask the Board to grant the prisoner
parole; or
25
Corrections Legislation Further Amendment Act 2017
No. of 2017
Part 2--Amendment of the Corrections Act 1986
(iii) the Board had begun any
consideration of whether the
prisoner should be should be
granted parole; and
(b) the Board may, in its discretion,
treat any steps taken by a prisoner to
ask the Board to grant the prisoner
parole, being steps taken before the
commencement of those amendments,
as being an application lodged with the
secretary of the Board under section
74AAA(2).".
25 Schedule 3--Violent offences
In item 1 of Schedule 3 to the Corrections
Act 1986 omit "within the meaning of
section 77".
26 Schedule 4--Terrorism or foreign incursion
offences
In Schedule 4 to the Corrections Act 1986 omit
"Section 77(9)" preceding item 1.
26
Corrections Legislation Further Amendment Act 2017
No. of 2017
Part 3--Amendment of the Major Crime (Investigative Powers) Act 2004
Part 3--Amendment of the Major Crime
(Investigative Powers) Act 2004
27 Witness already held in custody
(1) For section 18(7) of the Major Crime
(Investigative Powers) Act 2004 substitute--
"(7) At the cessation of giving evidence at an
examination before the Chief Examiner or
on release from compliance with the order
by the Chief Examiner, any police officer,
police custody officer or escort officer must
deliver the person who is the subject of the
order to--
(a) the place of detention at which the
person was held or detained at the time
of the application for the order; or
(b) if that place of detention is a prison,
any other prison determined by the
Secretary to the Department of Justice
and Regulation; or
(c) if that place of detention is a police
gaol, any other police gaol determined
by the Chief Commissioner.".
(2) After section 18(8) of the Major Crime
(Investigative Powers) Act 2004 insert--
'(9) A police custody officer may supervise a
person who is the subject of an order under
this section and in doing so has the functions
and powers referred to in section 200I of the
Victoria Police Act 2013 as if a reference to
"this Division" were a reference to this
section.
27
Corrections Legislation Further Amendment Act 2017
No. of 2017
Part 3--Amendment of the Major Crime (Investigative Powers) Act 2004
(10) An escort officer may supervise a person
who is the subject of an order under this
section and in doing so has the functions and
powers referred to in section 55C of the
Corrections Act 1986.
(11) A person being supervised by a police
custody officer or an escort officer under this
section remains in the custody of the police
officer referred to in subsection (2).
(12) In this section--
escort officer has the same meaning as in the
Corrections Act 1986;
police custody officer has the same meaning
as in the Victoria Police Act 2013.'.
28
Corrections Legislation Further Amendment Act 2017
No. of 2017
Part 4--Consequential and minor amendments
Part 4--Consequential and minor
amendments
28 Bail Act 1977
At the foot of section 27 of the Bail Act 1977
insert--
"Example
See also sections 9A(1A) and 9CA of the Corrections
Act 1986 as to persons who may exercise the powers of a
police officer under section 27 of this Act.".
29 Victoria Police Act 2013
After section 200B(b) of the Victoria Police
Act 2013 insert--
"(ba) to supervise and transport persons
under section 18 of the Major Crime
(Investigative Powers) Act 2004;".
29
Corrections Legislation Further Amendment Act 2017
No. of 2017
Part 5--Repeal of amending Act
Part 5--Repeal of amending Act
30 Repeal of amending Act
This Act is repealed on 1 August 2019.
Note
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).
═════════════
30
Corrections Legislation Further Amendment Act 2017
No. of 2017
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend
the Corrections Act 1986 and the Major Crime (Investigative Powers)
Act 2004, to make consequential and minor amendments to the Bail
Act 1977 and the Victoria Police Act 2013 and for other purposes."
By Authority. Government Printer for the State of Victoria.
31
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