Victorian Current Acts

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CORRECTIONS ACT 1986 - SECT 6G

When is a person in the legal custody of the Commissioner?

    (1)     A person is deemed to enter the legal custody of the Commissioner when—

        (a)     a supervision order with an intensive treatment and supervision condition (within the meaning of the Serious Offenders Act 2018 ) is made in relation to the person; and

        (b)     either of the following events occurs—

              (i)     a person acting under lawful authority on behalf of the Commissioner takes physical custody of the person; or

              (ii)     a person at a residential treatment facility (within the meaning of the Serious Offenders Act 2018 ) acting under lawful authority on behalf of the Commissioner receives the person into the facility.

    (2)     A person who enters the legal custody of the Commissioner under subsection (1) is deemed to remain in that custody until that custody ceases under this Part.

    (3)     Subject to section 6H, a person deemed to enter the legal custody of the Commissioner under subsection (1) who is authorised to be absent from a residential treatment facility continues to be in the legal custody of the Commissioner.

S. 6H inserted by No. 27/2018 s. 354.



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