Victorian Current Acts

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CORRECTIONS ACT 1986 - SECT 94

Regional Manager may deal with acts of misconduct

    (1)     The Regional Manager of a region must in accordance with the regulations record any alleged act of misconduct committed by an offender at a location in the region and the action taken by the Regional Manager.

    (2)     If the Regional Manager of a region suspects that an offender has committed an act of misconduct at a location in the region the Regional Manager must immediately make proper investigation of the matter.

    (3)     During an investigation the Regional Manager must give the offender an opportunity to make submissions about the alleged act of misconduct.

S. 94(4) substituted by No. 65/2011 s. 107(Sch. item 2.4).

    (4)     If after completing an investigation and considering any submissions made by an offender the Regional Manager determines that the offender has committed an act of misconduct but that the act is so trivial that action should not be taken against the offender for—

        (a)     breach of an old community-based order, within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991 ; or

        (b)     contravention of a community correction order, within the meaning of the Sentencing Act 1991

the Regional Manager may caution or reprimand the offender and need take no further action.

    (5)     If the Regional Manager determines that the offender has committed an act of misconduct by failing to do satisfactory work at a location, the Regional Manager may by instrument direct that the period during which the offender has not worked satisfactorily is not to be regarded as a period during which the offender has done work for the purposes of this Act.

    (6)     The Regional Manager must give to the offender a copy of a direction made under subsection (5).

S. 94(7) amended by No. 45/1996
s. 17(Sch. 1 item 59).

    (7)     At an offender's request the Secretary may by notice in writing given to the Regional Manager vary or revoke the Regional Manager's direction under this section.

Division 5—Community corrections programmes



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