Victorian Bills Explanatory Memoranda Victorian Bills Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
Corrections (Further Amendment) Bill
Victorian Legislation and Parliamentary Documents
Circulation Print
EXPLANATORY MEMORANDUM
Clause 1 sets out the purposes of the Bill.
Clause 2 provides for the commencement of the Bill. If the Bill is not
proclaimed to come into operation before 30 August 2004, it will
come into operation on that date.
names the Corrections Act 1986 as the Principal Act for the
Clause 3
purpose of this Act.
Clause 4 inserts new definitions of "victims register" and "victim
submission" in section 3 of the Principal Act.
Clause 5 amends section 30(3) of the Principal Act so that a person who
holds a position as defined in that section is not prevented from
disclosing information to persons included on the victims register
for the purpose of making victim submissions.
Disclosure under section 30A is already covered in section
30(3)(da) of the Principal Act.
Clause 6 substitutes existing section 30A(1) of the Principal Act. New
sub-section (1) will define the terms "criminal act of violence",
"family member" and "victim". This will effectively define the
persons eligible for registration on the victims register.
Clause 7 makes amendments to section 30A to give effect to other
developments in this Bill.
Sub-section (1) ensures that the Secretary may give the types of
information specified in that section to a person included on the
victims register, subject to new section 30G, in respect of an
offence for which the prisoner is serving a sentence of
imprisonment.
Sub-section (2) provides a specific power to the Secretary to
release information under section 30A to the nominee of a person
included on the victims register.
1
551129 BILL LA CIRCULATION 5/3/2004
Clause 8 inserts proposed new sections 30B to 30I into the Principal Act.
New section 30B
Victorian Legislation and Parliamentary Documents
Sub-sections (1) and (2) provide that a person may apply to the
Secretary for inclusion on the victims register and that an
application must be in writing and may include details of a
nominee to receive information on the person's behalf.
Sub-section (3) provides that, if the applicant names a nominee,
the application must include--
· details of the nominee's relationship to the applicant;
and
· the reasons that the applicant wishes information under
section 30A to be disclosed to the nominee rather than
directly to the applicant; and
· an undertaking, in the prescribed form, completed by
the nominee that the nominee will not disclose
information received under section 30A other than in
accordance with the Act.
New section 30C
Sub-section (1) provides that a person who is a "victim" as
defined in section 30A(1) of the Principal Act must be included
on the victims register. However, sub-section (2) gives the
Secretary discretion to approve in writing the inclusion of a
person who does not fall in the definition of "victim" to be
included on the victims register.
Sub-section (3) qualifies sub-section (2) by providing that the
Secretary can only exercise the discretion to include a person on
the victims register where that person--
· can demonstrate to the satisfaction of the Secretary a
documented history of domestic violence committed by
the prisoner against the person; or
· can demonstrate, to the satisfaction of the Secretary, a
substantial connection to the offence for which the
prisoner is currently serving a sentence of
imprisonment.
2
New section 30D
Sub-section (1) recognises that the Secretary may, if he or she
Victorian Legislation and Parliamentary Documents
considers it appropriate to do so, include on the victims register
the details of a nominee who is to receive, on the applicant's
behalf, information under section 30A.
Sub-section (2) permits the Secretary to refuse to include details
of an applicant's nominee on the victims register if the Secretary
believes on reasonable grounds that the disclosure of information
under section 30A to the nominee--
· may endanger the security of any prison, the safe
custody and welfare of the prisoner or any other
prisoner, or the safety or welfare of any other person; or
· may result in contravention of section 30I.
New section 30E
This new section requires the Secretary to provide a report
annually to the Minister for Corrections and the
Attorney-General on--
· the number of applications for inclusion on the victims
register received under section 30C(2); and
· the number of such applications approved by the
Secretary under section 30C(3); and
· the categories of person which the Secretary has
approved for inclusion on the victims register.
New section 30F
This new section allows the Secretary to prepare guidelines for
the exercise of powers under section 30C. The guidelines must
be approved by both the Minister for Corrections and the
Attorney-General. The guidelines are to be published in the
Government Gazette and take effect on their publication.
New section 30G
New section 30G restricts the provision of information to only
those family members within the meaning of section 30A(1) who
can show to the satisfaction of the Secretary that he or she is or
was the primary care giver or next of kin of the person against
whom the relevant criminal act of violence was committed.
3
New section 30H
New section 30H provides that information received from the
Victorian Legislation and Parliamentary Documents
Secretary under section 30A is to be treated in an appropriate
manner that respects the confidential nature of the information.
New section 30I
Sub-sections (1) to (3) establish offences for inappropriately
using information relating to the personal affairs of a prisoner
where it is known that the information was disclosed under
section 30A. The offences relate to--
· publishing, or causing to be published, in the electronic
or print media, any information relating to the personal
affairs of a prisoner that has been disclosed under
section 30A;
· soliciting or obtaining, for the purposes of publication in
the electronic or print media, information relating to the
personal affairs of a prisoner that has been disclosed
under section 30A from a person who is or was on the
victims register or that person's nominee;
· disclosing, by a person who is or was on the victims
register or by that person's nominee, information
relating to the personal affairs of a prisoner that has
been disclosed under section 30A if that person
reasonably believes that the information is likely to be
or will be published, or caused to be published, in the
electronic or print media.
"Information relating to the personal affairs of a prisoner" is a
defined term in section 30(1) of the Principal Act.
Sub-section (4) provides that the preceding sub-sections do not
prevent a person included on the victims register or that person's
nominee disclosing information--
· in the case of a nominee, to the victim on whose behalf
he or she receives the information; or
· to an authorised person, which includes--
· family members of a person included on the
victims register;
· police officers or members of the Office of
Public Prosecutions who are investigating an
offence; or
4
· a registered medical practitioner or psychologist treating
a person in relation to issues or conditions arising from
being a victim of a criminal act of violence; or
Victorian Legislation and Parliamentary Documents
· a legal practitioner in the course of a consultation for
legal advice.
Clause 9 inserts proposed new sections 74A and 74B into the Principal
Act, which deal with victim submissions to the Adult Parole
Board.
New section 74A
Sub-section (1) provides that a person on the victims register may
make a submission to the Adult Parole Board for its
consideration when determining whether to make a parole order.
Sub-section (2) provides that the submission--
· must be in writing;
· must address matters relating to the person's views
about the effect of the potential release of the prisoner
on parole on that person;
· may include comments as to any terms and conditions
to which the parole order may be subject;
· must include any other prescribed matters.
Sub-section (3) regulates the time within which the person must
submit the submission to the Adult Parole Board.
New section 74B
Sub-section (1) requires the Adult Parole Board to consider a
victim submission it receives and allows it absolute discretion to
determine the weight it gives the submission.
Sub-section (2) prevents the release of the victim submission to
the prisoner unless the Adult Parole Board believes that the
release is essential in the interest of fairness and justice and the
author of the victim submission has an opportunity to consent to
the disclosure, amends the submission so it can be released or
withdraws his or her submission.
Sub-section (3) provides that where a victim has not provided
consent to release the victim submission, amended the
submission to allow its release or withdrawn the submission from
consideration after a request under sub-section (2), the Adult
Parole Board must not release the submission to the prisoner but
may reduce the weight it would otherwise have given to it.
5
Clause 10 inserts new section 105A into the Principal Act which establishes
several evidentiary criteria for proving offences in proceedings
against bodies corporate. The provision will only apply to
Victorian Legislation and Parliamentary Documents
offences committed after clause 10 of this Bill comes into
operation.
Clause 11 inserts new paragraphs into section 112(1) of the Principal Act to
allow regulations to be made in relation to aspects of the victims
register and victim submissions.
6