Victorian Current Acts

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CORRECTIONS ACT 1986 - SECT 55C

Functions and powers of escort officers in relation to prisoners

    (1)     An escort officer has the following functions in relation to a prisoner he or she is transporting or supervising—

        (a)     to take all reasonable steps to prevent the escape or attempted escape of the prisoner from the physical custody of the escort officer;

        (b)     to take all reasonable steps to ensure that the prisoner's safety and welfare are maintained;

        (c)     to take all reasonable steps to prevent and detect the commission by the prisoner of any unlawful act or any attempt to commit an unlawful act;

        (d)     to take all reasonable steps to ensure the good order and discipline of the prisoner;

        (e)     to take all reasonable steps to ensure the security of any property that is in the prisoner's possession;

        (f)     to take all reasonable steps to ensure that the prisoner is transported to or from the appropriate place as required by the Secretary;

        (g)     to take all reasonable steps to ensure that the prisoner is transferred—

              (i)     into the physical custody of another person acting on behalf of the Secretary; or

              (ii)     if legal custody of the prisoner is authorised to be transferred to a person other than the Secretary, into the physical custody of a person acting on behalf of the person to whom legal custody is to be transferred.

    (2)     An escort officer has the following powers in relation to a prisoner he or she is transporting or supervising—

        (a)     to order the prisoner to do or not to do anything which the escort officer believes on reasonable grounds is necessary for the safety of the escort officer, the prisoner or any other person;

        (b)     to search and examine the prisoner or any thing in the prisoner's possession or under the prisoner's control if the escort officer believes on reasonable grounds that this is necessary for the safety of the escort officer, the prisoner or any other person;

        (c)     to seize any thing found on the prisoner or in the prisoner's possession or under the prisoner's control if the escort officer believes on reasonable grounds that this is necessary for the safety of the escort officer, the prisoner or any other person;

        (d)     to apply an authorised instrument of restraint to the prisoner for the duration of the transport or supervision of the prisoner if the Secretary believes on reasonable grounds that the application of the instrument of restraint is necessary to prevent the escape of the prisoner or the assault of, or injury to, any person;

        (e)     to apply an authorised instrument of restraint to the prisoner during the transport or supervision of a prisoner if the conduct of the prisoner during that transport or supervision has been such that it is reasonable to believe that the application of the instrument of restraint is necessary to prevent the escape of the prisoner or the assault of, or injury to, any person.

S. 55D inserted by No. 45/2001 s. 15.



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