Victorian Current Acts

CORRECTIONS ACT 1986 - SECT 55L

    (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

        (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

        (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.

S. 55M inserted by No. 64/2017 s. 9.