Victorian Current Acts

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CORRECTIONS ACT 1986 - SECT 42

Visitors to give prescribed information

S. 42(1) substituted by No. 45/2001 s. 30(1).

    (1)     A prison officer may require any person who wishes to enter, or who has entered, a prison as a visitor to give the prison officer information as to—

        (a)     the purpose of the visit or intended visit;

        (b)     the person's identity, address, occupation and age;

        (c)     the person's relationship (if any) to any prisoner the person wishes to visit.

    (2)     A person who wishes to enter or has entered a prison as a visitor and who knowingly gives to a prison officer information that is false or misleading is guilty of an offence.

Penalty:     5 penalty units.

S. 42(3) amended by No. 45/2001 s. 30(2).

    (3)     If when asked, a person does not give the required information to a prison officer or gives information to a prison officer that is false or misleading the prison officer may—

        (a)     if the person has not entered the prison, by order prohibit the person from entering the prison; or

        (b)     if the person has entered the prison, order the person to leave the prison immediately.

    (4)     A person who disobeys an order under this section is guilty of an offence.

Penalty:     5 penalty units.

S. 42(5) amended by No. 45/1996 s. 17(Sch. 1 item 29).

    (5)     A person ordered to leave a prison under this section may only re-enter the prison with the Secretary's permission.

    (6)     If a person disobeys an order to leave a prison, a prison officer may, if necessary, use reasonable force to compel the person to leave the prison.

    (7)     A prison officer who orders a person to leave a prison or uses force to compel a person to leave a prison must as soon as possible report the fact to the Governor.

S. 42(8) inserted by No. 57/2016 s. 5.

    (8)     A prison officer who uses force in accordance with this section is not liable for injury or damage caused by that use of force.



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