CORRECTIONS REGULATIONS 2019 (SR NO 27 OF 2019)

Victorian Numbered Regulations

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CORRECTIONS REGULATIONS 2019 (SR NO 27 OF 2019)

TABLE OF PROVISIONS

PART 1--PRELIMINARY

1. Objectives
2. Authorising provisions
3. Commencement
4. Revocations
5. Definitions

PART 2--OFFICERS

6. Conduct of officers
7. Prescribed class of persons
8. Powers and functions of Governor and Regional Manager

PART 3--MANAGEMENT AND SECURITY

Division 1--Management and security of prisons

9. Non-lethal firearms
10. Unauthorised removal of firearms and ammunition
11. Approved dogs
12. Use of dogs
13. Instruments of restraint
14. Use of instrument of restraint in prisons
15. Use of instrument of restraint for lengthy period
16. Notification to Governor about use of instrument of restraint
17. Suspected dangerous parcels may be disposed of
18. Certain confidential parcels may be inspected
19. When other parcels may be stopped and inspected
20. Prisoners' letters—prescribed persons and bodies
21. Register of parcels
22. Restrictions of communications during emergency
23. Absence to attend court or a hearing
24. Wearing of non-prison clothing

Division 2--Classification of prisoners

25. Classification system
26. Classification of prisoners
27. Sentence management panels
28. Case management review committees
29. Secretary may make rules
30. Determination of classification
31. Determination of placement

Division 3--Other matters

32. Order to separate a prisoner from other prisoners
33. Prisoner privileges
34. Placement of prisoner's child
35. Decision of Secretary in relation to placement of prisoner's child
36. Review of placement of prisoner's child
37. Record of prisoner's child living in prison
38. Restrictions on children
39. Conditions of custodial community permit
40. Offence to smoke at a prison
41. Prescribed persons allowed to operate remotely piloted aircraft or helicopter

PART 4--PRISONER'S MONEY

42. Definitions
43. Remuneration
44. Dismissal from work in a prison industry
45. Prisoner trust account
46. Secretary may approve expenditure of interest on money in prisoner trust account for victims' assistance
47. Regulation of prisoner's money
48. Expenditure of prisoner's money
49. Prisoner savings
50. Agreement between prisoner and Secretary in relation to art and other things made or produced by the prisoner
51. Agreement to undertake paid employment outside prison
52. Terms and conditions of agreement to undertake paid employment outside a prison
53. Restriction on paid employment outside a prison
54. Earnings from paid employment outside a prison to be paid into prisoner trust account
55. Secretary must allocate earnings from paid employment outside a prison to assist victims of crime or family members

PART 5--PRISONER'S PROPERTY

56. Bringing property into a prison
57. Entry of property
58. Storage of prisoner's property
59. Dealing with prisoner's property
60. Transfer of prisoner's property
61. Disposal of prisoner's property
62. Giving or selling of prisoner's property
63. Deceased prisoner's property

PART 6--PRISON DISCIPLINE

64. Definition
65. Prison offences
66. Investigation of prison offence
67. Conduct of disciplinary hearing
68. Prisoner must be given details of the charge and procedure of the disciplinary hearing
69. Preliminary steps if prisoner is present at the disciplinary hearing
70. Procedure if prisoner pleads not guilty
71. Procedure if prisoner pleads guilty
72. Procedure if prisoner refuses or fails to attend the disciplinary hearing
73. Dismissal of charge
74. Steps to be taken once Governor has made a decision at the disciplinary hearing

PART 7--ACCESS TO PRISONERS

75. Visits by lawyers to prisoners in prison
76. Communication with prisoners brought before a court or tribunal
77. Visits by police
78. Visit by an independent prison visitor
79. Contact visiting programmes and residential visiting programmes
80. Communication with prisoners at a hospital or medical facility
81. Notification of prisoner who is seriously ill
82. Information to be given by a visitor
83. Terms and conditions of visits with prisoners
84. Record of order made under section 43(1) or 58C(1) of the Act

PART 8--SEARCH, SEIZURE AND TESTING

Division 1--Searches of prisoners

85. Types of searches permitted
86. Strip searches of prisoners—general requirements
87. When a strip search of a prisoner may be conducted
88. Random searches

Division 2--Searches of persons other than prisoners

89. Searches of persons (other than prisoners) in a prison—general requirements
90. Strip searches of persons (other than prisoners) in a prison—general requirements
91. Searches of persons or vehicles outside but near prisons

Division 3--Concealing or leaving articles

92. Concealing or leaving articles

Division 4--Seizure

93. Register of things seized—general requirements
94. Dealing with things seized—general requirements
95. Dealing with things seized—prisoners on parole and community corrections centres
96. Receipt for things seized from prisoner on parole

Division 5--Testing of substances

97. Taking of samples of drugs and alcohol
98. Analysis of sample
99. Breath tests

PART 9--EMERGENCY MANAGEMENT DAYS

100. Emergency management days

PART 10--RELEASE FROM PRISON

101. Notice of release
102. Return of property to prisoner
103. Return of prisoner unlawfully released

PART 11--PAROLE

104. Procedure
105. Notice to attend a meeting of the Board
106. Notice to produce document or thing to the Board
107. Direction that person in custody be brought before the Board
108. Costs of attending meeting of the Board
109. Parole eligibility date
110. Form of a parole order
111. Mandatory terms and conditions of a parole order—parole order made on and from 28 April 2019 to 31 October 2019
112. Mandatory terms and conditions of a parole order—parole order made on and from 1 November 2019
113. Other terms and conditions of a parole order—parole order made on and from 28 April 2019 to 31 October 2019
114. Other terms and conditions of a parole order—parole order made on and from 1 November 2019
115. Intensive parole period—parole order made on and from 28 April 2019 to 31 October 2019
116. Intensive parole period—parole order made on and from 1 November 2019
117. Release on parole
118. Prisoner on parole attending a location
119. Variation of a parole order
120. Revocation of a parole order
121. Cancellation of a parole order
122. Revocation of a cancellation of a parole order
123. Warrant under section 77B(1)(a) of the Act
124. Reception into prison of prisoner on parole
125. Offence to breach a term or condition of parole—prescribed terms and conditions
126. Detention required for breach of term or condition of a parole order—prescribed terms and conditions
127. Detention orders for breach of prescribed term or condition of a parole order

PART 12--COMMUNITY-BASED CORRECTIONS

128. Definition
129. Community work
130. Offences by offenders participating in community corrections programmes—offenders who are not prisoners on parole
131. Offences by offender who is a prisoner on parole participating in community corrections programme
132. Act of misconduct
133. Purchase of offender's property

PART 13--OTHER MATTERS

134. Purchase of artwork by an officer
135. Notification of claim
136. Notification of determination of claim
137. Use or disclosure of personal or confidential information
138. Exemptions for emergency

PART 14--TRANSITIONAL PROVISION

139. Transitional provision—parole order
SCHEDULE 1
SCHEDULE 2
ENDNOTES

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