Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]




   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   3A.     Meaning of terrorism record  
   3B.     Meaning of terrorism risk information  
   4.      References to prisons to include transition centres  
   5.      Act to bind Crown  


           Division 1--Custody of the Secretary or the Chief Commissioner of Police

   6.      Order of imprisonment  
   6A.     When is a person in the legal custody of the Secretary?  
   6B.     When does legal custody of the Secretary cease?  
   6C.     Persons not regarded to be in the Secretary's legal custody  
   6D.     When is a person in the legal custody of the Chief Commissioner of Police?  
   6E.     When does legal custody of the Chief Commissioner cease?  
   6EA.    Prisoner may request delayed release  
   6F.     Powers of court or tribunal not to be affected  

           Division 2--Custody of the Commissioner

   6G.     When is a person in the legal custody of the Commissioner?  
   6H.     When does legal custody of the Commissioner cease?  
   6I.     Powers of court or tribunal not affected  


   7.      Functions of Secretary  
   8.      Delegation  
   8A.     Commissioner  
   8AB.    Delegation by Commissioner  


           Division 1--Correctional services agreements

   8B.     Minister may enter into correctional services agreements  
   8C.     Matters to be included in agreement  
   8CA.    Minister may grant lease or licence over reserved Crown land  
   8D.     Agreement to run with land  
   8E.     Rights of access  
   8F.     Emergency powers  
   8G.     Building work  

           Division 2--Management agreements

   9.      Management agreements  

           Division 3--Agreements with the Chief Commissioner of Police

   9AA.    Agreements with the Chief Commissioner  
   9AB.    Matters to be included in agreement  
   9AC.    Rights of access  

           Division 4--General provisions relating to agreements

   9A.     Authorisation of certain staff  
   9B.     Police inquiry and report  
   9C.     Status of staff  
   9CA.    Staff—police gaols  
   9CAA.   Transport functions  
   9CB.    Use of reasonable force by staff—police gaols  
   9D.     Employment of monitors  
   9E.     Minimum standards  
   9F.     Application of FOI  


   10.     Establishment of prisons  
   11.     Police gaols  
   11A.    Establishment of transition centres  


   12.     Employment under the Public Administration Act  
   12A.    Authority to exercise powers, functions and duties of community corrections officer or Regional Manager  
   13.     Volunteers  


           Division 1--General

   14.     Definitions  

           Division 2--Work

   15.     Authorized persons may act as prison officers  
   16.     Secretary may authorize medical practitioner to act as principal medical officer or medical officer  
   17.     Powers of Secretary  
   18.     Prison officer subject to direction of principal of training institutions  
   19.     Officers subject to certain directions  
   20.     Duties relating to security and welfare  
   21.     Duties of Governor  
   22.     Reports to Governor  
   22A.    Powers of Governor  
   23.     Control of prisoners  
   23A.    Use of firearms by police exercising powers of a prison officer  


           Division 1--Management and security of prisons

   24.     Delegation by Governor  
   25.     Secretary may nominate person to act as Governor  
   26.     Management of prisons in Governor's temporary absence  
   27.     Dogs  
   28.     Photographing and fingerprinting  
   29.     Medical tests and samples  
   29A.    Prisoners may be tested for drug or alcohol use  
   30.     Electronic monitoring of prisoners  
   30A.    Victim may be given certain copies of orders and information about a prisoner  
   30B.    Application to be included on victims register  
   30C.    Inclusion on the victims register  
   30D.    Secretary may refuse to include nominee details for person included on victims register  
   30E.    Annual report  
   30F.    Secretary may prepare guidelines  
   30G.    Release of information to "family members"  
   30H.    Confidentiality of information  
   30I.    Offence to publish information disclosed under section 30A in electronic or print media  
   31.     Children  
   31A.    Offence for prisoner to possess etc. certain items in prison  
   32.     Offences relating to prison security  
   32A.    Offences relating to operation or possession of remotely piloted aircraft or helicopter  
   32B.    Governor may give authorisation  

           Division 2--Access to prisons

   33.     Definitions  
   34.     Visits by judges or magistrates  
   35.     Appointment of independent prison visitors  
   37.     Visits by relatives or friends  
   38.     Contact visiting and residential visiting  
   39.     Exclusion of visitors for security reasons  
   40.     Visits by lawyers and their assistants  
   41.     Visits by the police  
   42.     Visitors to give prescribed information  
   43.     Governor may refuse or terminate visits for security reasons  
   43A.    Access to prison for taking DNA profile sample  

           Division 3--Search and seizure

   44.     Formal searches  
   45.     Search  
   46.     Seizure  

           Division 4--Prisoners rights

   47.     Prisoners rights  

           Division 4A--Letters and parcels to and from prisoners

   47AA.   Definitions  
   47A.    Suspected dangerous letters and parcels may be disposed of  
   47B.    Certain confidential letters and parcels may be inspected  
   47C.    All other letters and parcels may be opened and read  
   47D.    When letters and parcels may be stopped and censored  
   47DA.   Offence for prisoner to send distressing or traumatic letters and parcels  
   47DB.   Governor may place parcels in storage  
   47E.    Letter and parcel register  

           Division 5--Change of name applications by prisoners

   47F.    Application  
   47G.    Definitions  
   47H.    Applications for change of name by or on behalf of a prisoner  
   47I.    Approval by Secretary  
   47J.    Approval to be notified in writing  
   47K.    Registration of change of name  
   47L.    Registrar may correct Register  
   47M.    Information-sharing between the Secretary and the Victorian Registrar  


   48.     Definitions  
   49.     Disciplinary officers  
   50.     Prison offences  
   51.     Governor's action where charge laid  
   52.     Secretary may nominate Governor to hear charge  
   53.     Governor's hearing  
   54A.    Power of Secretary to withdraw privileges  


           Division 1--Definitions

   55.     Definitions  

           Division 1A--Escort officers

   55A.    Powers of Secretary in relation to escort officers  
   55B.    Escort officers subject to direction of court or tribunal  
   55C.    Functions and powers of escort officers in relation to prisoners  
   55D.    Authorisation of instruments of restraint  
   55E.    Use of reasonable force  
   55EA.   Issue of firearms to escort officers  
   55EB.   Discharge of firearms  
   55EC.   Discharge of non-lethal firearm  
   55F.    Report to Secretary  
   55G.    Functions and powers of escort officers in relation to persons surrendering to court  
   55H.    How are things seized by an escort officer to be dealt with?  
   55I.    Powers of police officers and police custody officers  
   55J.    Additional powers of escort officers  

           Division 1B--Security officers

   55K.    Functions of security officers  
   55L.    Powers of security officers  
   55M.    Seizure of things—how dealt with, reporting and recording  
   55N.    Report of use of force or application of instrument of restraint  
   55O.    No liability  
   55P.    Protective services officer may exercise powers of security officer under this Division  

           Division 2--Transfer of prisoners

   56.     Transfers between prisons  
   56AA.   Transfers to and from police gaols  
   56AB.   Legal custody of prisoners and detainees transferred to institutions and designated mental health services  
   56AC.   Transfers to and from transition centres  

           Division 2A--Absence to give evidence at foreign proceedings

   56A.    Arrangements with Commonwealth  

           Division 2B--Police custody transfer orders

   56B.    Application for police custody transfer order  
   56C.    Application to be determined on the papers and information to be in custody of the Court  
   56D.    Court may make police custody transfer order  
   56E.    Information to be provided on return of person to legal custody of Secretary  
   56F.    Revocation of police custody transfer order  

           Division 3--Custodial community permits

   57.     Custodial community permits  
   57A.    Corrections administration permit  
   57B.    Rehabilitation and transition permit  
   57C.    Fine default permit  
   57D.    Provisions applying to all custodial community permits  
   58.     Breach of custodial community permit  
   58A.    Powers of Secretary with respect to custodial community permits  
   58B.    Visitors to give prescribed information  
   58C.    Governor may refuse or terminate visits for security reasons  
   58D.    Offence to give item to prisoner  

           Division 3A--Emergency management days

   58E.    Emergency management days  

           Division 5--Parole

   61.     Establishment of Board  
   61A.    Chairperson and deputy chairpersons  
   62.     Deputy members  
   63.     Terms of office  
   64.     Divisions  
   65.     Chairing of meetings  
   66.     Meetings  
   66A.    Secretary of Adult Parole Board  
   67.     Secretary of the Board or member may act on behalf of Board  
   68.     Evidentiary  
   69.     Functions of Board  
   70.     Secretary to supply assistance to Board  
   71.     Evidence  
   71A.    Power of Board to compel production of documents and other things or attendance of witnesses  
   71B.    Variation or revocation of notice to produce or notice to attend  
   71C.    Service of notice to produce or notice to attend  
   71D.    Power of Board to compel attendance of witnesses does not affect power of Board to direct prisoners on parole to attend for interview  
   71E.    Appearance by audio visual link  
   71F.    Notice to attend issued to person in custody  
   71G.    Power to take evidence on oath or affirmation  
   71H.    Offence to fail to comply with a notice to produce or attend  
   71I.    Offence to fail to take oath, make affirmation or answer question  
   71J.    Costs of attending meeting of the Board  
   71K.    Protection of participants at Board meeting  
   72.     Reports  
   73.     Officers subject to Board's directions  
   73A.    Safety and protection of the community paramount in parole decisions  
   74.     Release on parole after service of non-parole period  
   74AAA.  Conditions for making parole order for prisoner who murdered police officer  
   74AA.   Conditions for making a parole order for Julian Knight  
   74AB.   Conditions for making a parole order for Craig Minogue  
   74AABA. Conditions for making a parole order for person imprisoned for certain fatal offences  
   74AAB.  Parole decisions made by Serious Violent Offender or Sexual Offender Parole Division  
   74AAC.  Parole decisions where terrorism risk information provided to Board  
   74A.    Victim submissions  
   74B.    How does the Board deal with victim submissions?  
   75.     Young offenders—sentence and non-parole period  
   76.     Persons on parole deemed still under sentence  
   76A.    Secretary may direct that prisoner be tested for alcohol or drug use  
   77.     Cancellation of parole  
   77A.    Revocation of cancellation  
   77B.    Return of prisoner to prison on cancellation of parole  
   77C.    Power to direct that time on parole is time served  
   77D.    Board may arrange for examination of prisoner  
   78.     Prisoners may be released on parole more than once  
   78A.    Offence to breach a term or condition of parole  
   78B.    Arrest and detention for breach of parole order  
   78C.    Consideration by Board of breach of terms and conditions of parole  
   78D.    Application of certain provisions of the Crimes Act 1958 and the Bail Act 1977  
   78E.    Time in detention is time served  

           Division 5A--Safety powers that may be exercised in supervision of prisoners on parole

   78F.    Definitions for Division 5A  
   78G.    When may the powers under this Division be exercised?  
   78H.    General powers  
   78I.    Search  
   78J.    Seizure  
   78K.    Warning that search or seizure is to occur and that reasonable force may be used  
   78L.    Report of use of force or application of restraint  
   78M.    Register of seized things  
   78N.    Things seized must be photographed or otherwise recorded  
   78O.    Specified officer must provide receipt for seized thing  
   78P.    Prisoner on parole to submit to testing  
   78Q.    Secretary to approve test procedures  
   78R.    Taking of samples of drug and alcohol  
   78S.    Reports, returns and records  
   78T.    No liability  

           Division 6--Change of name applications by prisoners released on parole

   79.     Application of Division  
   79A.    Definitions  
   79B.    Applications for change of name by or on behalf of a prisoner on parole  
   79C.    Approval by Board  
   79D.    Approval to be notified in writing  
   79E.    Registration of change of name  
   79F.    Registrar may correct Register  
   79G.    Lapse of application on cancellation of parole  
   79H.    Information-sharing between the Secretary and the Victorian Registrar  

           Division 7--Warrants

   79I.    Execution of warrants  
   79J.    Recall and cancellation of warrants  
   79K.    Duplicate warrants  

           Division 8--Removal of electronic monitoring devices and equipment

   79L.    Who may remove electronic monitoring devices and equipment  
   79M.    Commissioner may authorise employee to exercise powers of officer  


   80.     Definitions  
   81.     Interstate laws  
   82.     Custodial interstate community permit  
   83.     Effect of permit  
   84.     Variation or revocation of permit  
   84A.    Breach of permit  
   84B.    Notice to participating State and transit States  
   84C.    Effect of permit issued under interstate law  
   84D.    Apprehension of prisoner who escapes or fails to return etc.  
   84E.    Escape from custody—penalty  
   84EA.   Liability for prisoners on leave  


           Division 1--Prison industry sites and prison industries

   84F.    Appointment of prison industry sites  
   84G.    Secretary may carry on business for prison industries  
   84H.    Secretary may direct prisoners and offenders to work  


           Division 1--Definitions

   85.     Definitions  

           Division 2--Establishment of community corrections centres and regional centres

   86.     Community corrections centres  
   87.     Regions  
   88.     Regional centres  

           Division 3--Officers

   89.     Officers subject to Regional Manager's directions  
   90.     Powers and duties of officers  
   92.     Additional duties of Regional Manager  

           Division 4--Discipline of offenders

   93.     Additional directions by community corrections officers  
   94.     Regional Manager may deal with acts of misconduct  

           Division 5--Community corrections programmes

   95.     Approval of community corrections programmes  

           Division 6--Management and administration of locations

   96.     Officer subject to directions of Principal of training institution  
   97.     Secretary may nominate person to act as Regional Manager  
   98.     Management of region in Regional Manager's temporary absence  
   99.     Photographing  
   99A.    Offenders may be tested to assess whether under the influence of alcohol or any drug  
   100.    Search  
   101.    Seizure  
   102.    Delegation  
   103.    Access to community corrections centres and locations  
   104.    Offender subject to Secretary's directions  

           Division 6A--Removal of electronic monitoring devices and equipment

   104AAA. Who may remove electronic monitoring devices and equipment  
   104AAB. Commissioner may authorise employee to exercise powers of officer  

           Division 7--Sentencing Advisory Council to report on offenders subject to community correction orders

   104AA.  Annual report  


           Division 1--Preliminary

   104A.   Definitions  
   104AB.  Powers limited to certain police gaols  

           Division 2--Management powers in police gaols

   104AC.  Management of visitors in police gaols  
   104AD.  Detained persons to give certain information  
   104AE.  Orders to detained persons  
   104AF.  Power to take photographs of detained persons  
   104AG.  Offence to disobey a lawful order  
   104AH.  Power to restrain detained persons  

           Division 3--Search and seizure powers in police gaols

   104B.   Formal searches in police gaols  
   104C.   Search powers  
   104D.   Seizure  

           Division 4--Transport and supervision of persons by police custody officers

   104DA.  Police custody officers to transport persons at Chief Commissioner's direction  
   104DB.  Functions and powers of police custody officers in relation to persons they transport or supervise  
   104DC.  Transport or supervision authorised under other enactments and instruments  

           Division 5--General

   104DD.  Use of reasonable force by police custody officers  
   104DE.  Dealing with seized items  
   104DF.  General power to authorise transfers of detained persons  


           Division 1--Preliminary matters

   104E.   Definitions  

           Division 2--Monitored people at community corrections centres

   104F.   Application of this Division  
   104G.   Obligations of the officer in charge of the centre  
   104H.   Monitored person must comply with certain directions  
   104I.   Officers may use force to enforce directions in certain circumstances  
   104J.   Officers to give reports if required  
   104K.   Photographing  

           Division 3--Provisions applying to monitored people receiving visits from officers

   104L.   Application of this Division  
   104M.   Officers to give reports if required  

           Division 4--Obligations of regional managers

   104N.   Regional Manager to ensure that officers have access to certain information  


           Division 1--Introductory

   104O.   Definitions  
   104P.   Application  
   104Q.   Meaning of criminal act  
   104R.   Meaning of victim  

           Division 2--Awards of damages to prisoners

   104S.   Agreements must be approved by court  
   104T.   Determination of amounts for medical and legal costs  
   104U.   Matters to be considered by court  

           Division 3--Payment of money to prisoner compensation quarantine fund

   104V.   Damages awarded to prisoner to be paid to prisoner compensation quarantine fund  
   104W.   Prisoner compensation quarantine funds  

           Division 4--Notice of prisoner compensation quarantine fund

   104X.   Victim may ask to be notified of award of damages to prisoner  
   104Y.   Notice to victims published  
   104Z.   Notice to victims directly  
   104ZA.  Applications for information  
   104ZB.  Disclosure of information by Secretary authorised  
   104ZC.  Confidentiality of information  
   104ZD.  Offence to disclose information  
   104ZE.  Notice to Secretary by victim  
   104ZF.  Notice to Secretary by creditors  

           Division 5--Payments out of prisoner compensation quarantine fund

   104ZG.  Payments out of fund where legal proceedings notified  
   104ZH.  Payments out of fund where notice from creditor received  
   104ZI.  Restriction not to affect payment of administration costs  
   104ZJ.  Payments out of fund where no notice given  
   104ZK.  Payments taken to be payments at direction of prisoner  
   104ZL.  When are legal proceedings finally determined  

           Division 6--General

   104ZM.  Offence to provide false or misleading information  
   104ZN.  Annual report  


   104ZO.  Definition  
   104ZP.  Application of Part  
   104ZQ.  When is compensation payable?  
   104ZR.  Compensation for personal injuries  
   104ZS.  Compensation for loss of or damage to property  
   104ZT.  Jurisdiction  
   104ZU.  Authority to represent Crown  
   104ZV.  Compensation otherwise payable  
   104ZW.  Payments  


   104ZX.  Definitions  
   104ZY.  Authorisation to use or disclose information  
   104ZYA. Information exchange with other parole decision‑making bodies  
   104ZZ.  Authorisation to disclose information given to Adult Parole Board  
   104ZZA. Offence to use or disclose personal or confidential information unless authorised  
   104ZZB. Use or disclosure of information for research purposes  


   105.    Proceedings for offences  
   105A.   Offences by bodies corporate  
   106.    Judicial notice of signatures  
   107.    Construction of references  
   108.    Apprehension of escaped prisoners  
   108A.   Return of prisoner unlawfully released  
   109.    Grants by Minister  
   110.    Disclosure of certain information is not breach of section 4 of Judicial Proceedings Reports Act 1958  
   111.    Sheriff's power not affected  
   111A.   Supreme Court—limitation of jurisdiction  
   112.    Regulations  
   112A.   Additional regulation-making powers—firearms  
   112B.   Validation of regulations  


   112C.   Validation of actions and decisions  
   112D.   Validation—Justice Legislation Amendment Act 2015  


   113.    Act to apply to prison sentences etc. before date of commencement  
   114.    Transitional provisions—legal custody  
   115.    Transitional provisions—Criminal Justice Legislation (Miscellaneous Amendments) Act 2002  
   115A.   Transitional provisions—change of name applications  
   115B.   Transitional provision—Corrections and Other Justice Legislation (Amendment) Act 2006  
   116.    Transitional provision—victims register  
   117.    Transitional provision—Corrections Amendment Act 2008  
   118.    Transitional provision—Justice Legislation Further Amendment Act 2009  
   119.    Transitional provision—Justice Legislation Amendment Act 2010  
   120.    Transitional provision—Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011  
   121.    Transitional provision—Corrections Amendment Act 2013  
   122.    Transitional provisions—Justice Legislation Amendment (Cancellation of Parole and Other Matters) Act 2013  
   123.    Transitional provisions—Corrections Amendment (Breach of Parole) Act 2013  
   124.    Transitional provisions—Corrections Amendment (Parole Reform) Act 2013  
   125.    Transitional provisions—Corrections Legislation Amendment Act 2014  
   126.    Transitional provision—Corrections Legislation Amendment Act 2015  
   127.    Transitional—Justice Legislation Amendment (Parole Reform and Other Matters) Act 2016  
   127A.   Transitional—Corrections Amendment (Parole) Act 2018  
   128.    Transitional—Corrections Legislation Miscellaneous Amendment Act 2017  
   129.    Transitional—Justice Legislation Amendment (Terrorism) Act 2018  
   130.    Transitional provisions—Serious Offenders Act 2018  
   131.    Transitional—Justice Legislation Amendment (Serious Offenders and Other Matters) Act 2019  
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 5

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback