Victorian Current Acts

CORRECTIONS ACT 1986 - SECT 78H

    (1)     A specified officer may—

        (a)     direct a prisoner on parole to do or not do anything that the specified officer believes on reasonable grounds is necessary for the safety of any person; and

        (b)     use reasonable force to compel a prisoner on parole to obey a direction if the specified officer believes on reasonable grounds that the use of force is necessary to prevent the specified officer, the prisoner on parole or any other person being killed or seriously injured; and

        (c)     in accordance with subsection (3), apply an instrument of restraint to the prisoner on parole if the specified officer believes on reasonable grounds that the application of the instrument of restraint is necessary to prevent the prisoner on parole or another person being killed or seriously injured.

    (2)     For the purposes of subsection (1)(b), a specified officer may use any weapon, other than a firearm, in accordance with an exemption order made under the Control of Weapons Act 1990 .

Examples

An extendable baton or capsicum spray, if the weapon is subject to an exemption order applying to the specified officer in the circumstances.

    (3)     For the purposes of subsection (1)(c), a specified 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.

S. 78I inserted by No. 57/2016 s. 8.