Corrections Amendment Act 2013

Corrections Amendment Act 2013

No. 10 of 2013

table of provisions

SectionPage

Part 1—Preliminary

1Purpose

2Commencement

Part 2—Corrections Act 1986

3Principal Act

4Definitions

5Persons not regarded to be in the Secretary's legal custody

6When is a person in the legal custody of the Chief Commissionerof Police?

7When does legal custody of the Chief Commissioner cease?

8Building work

9Secretary may authorize medical practitioner to act as principalmedical officer or medical officer

10Duties relating to security and welfare

11Repeal of section 30

12Victim may be given certain copies of orders and informationabout a prisoner

13Definitions

14Section 35 substituted

35Appointment of independent prison visitors

15Repeal of section 36

16Search

17Prisoners rights

18Certain confidential letters may be inspected

19New section 47M inserted

47MInformation-sharing between the Secretary and the Victorian Registrar

20New Division 2B inserted in Part 8

Division 2B—Police custody transfer orders

56BApplication for police custody transfer order

56CApplication to be determined on the papers and information to be in custody of the Court

56DCourt may make police custody transfer order

56EInformation to be provided on return of person to legalcustody of Secretary

56FRevocation of police custody transfer order

21Corrections administration permit

22Establishment of Board

23Terms of office

24Divisions

25Detention and Supervision Order division

26Chairperson

27Reports

28Persons on parole deemed still under sentence

29Cancellation of parole

30Powers and duties of officers

31Repeal of section 91

32New section 99A inserted

99AOffenders may be tested to assess whether under the influence of alcohol or any drug

33Search

34Seizure

35New Part 9E inserted

Part 9E—Disclosure of Information

104ZXDefinitions

104ZYAuthorisation to use or disclose information

104ZZAuthorisation to disclose information given to AdultParole Board

104ZZAOffence to use or disclose personal or confidential information unless authorised

36Regulations

37New section 121 inserted

121Transitional provision—Corrections Amendment Act2013

Part 3—Parole Orders (Transfer) Act 1983

38Principal Act

39Part 1 heading inserted

40Definitions

41Part 2 heading inserted

42Requests for registration of transferred parole orders

43Documents to accompany requests

44Matters to which Minister to have regard

7Matters to which Minister to have regard

45Registration

46Effect of registration

47Effect of transfer of parole order

48Part 3 heading inserted

49New section 11A inserted

11AUse of documents and information

Part 4—General

50Repeal of amending Act

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Endnotes

SectionPage

Victoria

SectionPage

Corrections Amendment Act 2013[†]

No. 10 of 2013

[Assented to 13 March 2013]

Corrections Amendment Act 2013
No. 10 of 2013

The Parliament of Victoriaenacts:

Part 4—General

Corrections Amendment Act 2013
No. 10 of 2013

Part 1—Preliminary

1Purpose

The purpose of this Act is to make miscellaneous amendments to—

(a)theCorrections Act 1986; and

(b)theParole Orders (Transfer) Act 1983.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 November 2013, it comes into operation on that day.

s. 2

______

Part 2—Corrections Act 1986

3Principal Act

See:
Act No.
117/1986.
Reprint No. 9
as at
18 March 2012.
LawToday:
www.
legislation.
vic.gov.au

s. 3

In this Part, the Corrections Act1986 is called the Principal Act.

4Definitions

(1)In section 3(1) of the Principal Act insert the following definitions—

"dentistmeans a person registered under the Health Practitioner Regulation National Law—

(a)to practise in the dental profession as a dentist (other than as a student); and

(b)in the dentists division of that profession;

garment search means a search of any article of clothing worn by a person or in the person's possession, during which the article of clothing is touched or removed from the person's body;

pat-down search means a search of a person during which the person's clothed body is touched;

scanning search means a search of a person, or of the property of a person, using an electronic or other device, during which the person is not touched;".

(2)In section 3(1) of the Principal Act insert the following definition—

"police custody transfer order means a police custody transfer order made under section56D;".

5Persons not regarded to be in the Secretary's legal custody

s. 5

After section 6C(1)(ba) of the Principal Act insert—

"(bb)a person who is absent from prison under a police custody transfer order;".

6When is a person in the legal custody of the Chief Commissioner of Police?

(1)After section 6D(2) of the Principal Act insert—

"(2A) A person is also deemed to enter into the legal custody of the Chief Commissioner of Police when—

(a)a police custody transfer order is made in relation to the person; and

(b) amember of the police force or a person acting under lawful authority on behalf of the Chief Commissioner takes physical custody of the person in accordance with the order.".

(2)In section 6D(3) of the Principal Act, for
"(1) or (2)" substitute "(1), (2) or (2A)".

7When does legal custody of the Chief Commissioner cease?

After section 6E(1)(ca) of the Principal Act insert—

"(cb) if the person is subject to a police custody transfer order, when either of the following events occurs—

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

(ii)a person at a prison acting under lawful authority on behalf of the Secretary receives the person into the prison; or".

8Building work

s. 8

(1)Section 8G(1) of the Principal Act is repealed.

(2)In section 8G(2) of the Principal Act, for "Sections 30" substitute "Sections 23, 30, 47".

9Secretary may authorize medical practitioner to act as principal medical officer or medical officer

(1)Insert the following heading to section 16 of the Principal Act—

"Secretary may authorize medical practitioner to act as principal medical officer or medical officer".

(2)For section 16(1) of the Principal Act substitute—

"(1)If there is no principal medical officer or medical officer appointed for a prison or the principal medical officer or medical officer for the prison is absent, the Secretary may by instrument authorize a registered medical practitioner to act as principal medical officer or medical officer (as the case may be) for that prison while the relevant position is vacant or until the return of the relevant officer.".

(3) For section 16(4) of the Principal Act substitute—

"(4)This Act applies to a person authorized to act as principal medical officer or as medical officer as if the person were a principal medical officer or medical officer (as the case may be).".

10Duties relating to security and welfare

s. 10

(1)After section 20(5) of the Principal Act insert—

"(5A) An officer, when required by the Secretary, must provide oral or written information to the Secretary in relation to the security and good order of a prison or the safe custody and welfare of prisoners.".

(2)For section 20(6)(b) of the Principal Act substitute—

"(b)subsections (4), (5) and (5A) apply as if they referred to returns, reports, records and oral or written information concerning prison security only.".

11Repeal of section 30

Section 30 of the Principal Act is repealed.

12Victim may be given certain copies of orders and information about a prisoner

(1)In the heading to section 30A of the Principal Act, after "certain" insert "copies of orders and".

(2) After section 30A(2AA)(b)(ii) of the Principal Act insert—

"(iii)a copy of the order;".

(3)In section 30A(2AA)(ba) of the Principal Act, for "made" substitute "made, varied".

(4) After section 30A(2AA)(ba)(ii) of the Principal Act insert—

"(iii)a copy of the order;".

(5) In section 30A(2AC)(a) of the Principal Act, for "section 183" substitute "section 184".

(6) In section 30A(2AC)(b) of the Principal Act, for "188" substitute "186".

13Definitions

In section 33 of the Principal Act—

s. 13

(a)the definition of official visitor is repealed;

(b)insert the following definition—

"independent prison visitor means an independent prison visitor appointed under this Division;";

(c)in the definition of visitor, in paragraph (e), for "official" substitute"independent prison".

14Section 35 substituted

For section 35 of the Principal Act substitute—

"35 Appointment of independent prison visitors

(1)The Minister may appoint independent prison visitors for each prison.

(2)The terms and conditions of appointment of an independent prison visitor are those stated in the instrument of appointment.".

15Repeal of section 36

Section 36 of the Principal Act is repealed.

16Search

In section 45(8) of the Principal Act, for "from the general post office at the corner" substitute
"of the intersection".

17Prisoners rights

(1)In section 47(1)(f) of the Principal Act, for "practitioner" substitute "practitioner, dentist,".

(2)In section 47(1)(j) of the Principal Act, for "official" substitute "independent prison".

(3) In section 47(1)(m)(i) of the Principal Act, for "official" substitute "independent prison".

18Certain confidential letters may be inspected

s. 18

In section 47B(4) of the Principal Act, for "official" substitute "independent prison".

19New section 47M inserted

In Part 6 of the Principal Act, after section 47Linsert—

"47M Information-sharing between the Secretary and the Victorian Registrar

(1)Despite any other law to the contrary, the Secretary must notify the Victorian Registrar of the following details in relation to each prisoner—

(a)theprisoner's name (including any other name by which he or she is or has previously been known);

(b)the prisoner's date of birth;

(c)the prisoner's residential address immediately before being taken into custody.

(2)If the Secretary has given notification under subsection (1) in respect of a prisoner, the Secretary must notify the Victorian Registrar as soon as practicable of that prisoner's release, whether on parole or at the end of his or her sentence.".

20New Division 2B inserted in Part 8

s. 20

After Division 2A in Part 8 of the Principal Act insert—

"Division 2B—Police custody transfer orders

56BApplication for police custody transfer order

(1)A member of the police force of or above the rank of Assistant Commissioner of Police may apply to the Supreme Court for a police custody transfer order in relation to a prisoner if he or she believes on reasonable grounds that the prisoner will voluntarily provide information toa member of the police force provided that any interview between the prisoner and a member of the police force occurs outside a prison.

(2)An application must not be made under subsection (1) for a purpose relating to the investigation of an offence that the prisoner committed or is reasonably suspected of having committed unless the prisoner has been convicted or found guilty of that offence.

(3)An application under subsection (1) must not be made in relation to a prisoner in circumstances in which the prisoner may be removed from prison by or under this Act and delivered in to the custody of another person.

(4) An application under subsection (1) must—

(a)be in writing; and

(b)state the grounds on which the application is made; and

(i) the prisoner's written consent to the making of the proposed order; and

(ii)an assessment made by a member of the police force as to the risks, (if the order is made)to the security and good order of the prison in which the prisoner is detained and to the safety and welfare of the prisoner or any other person before the making of the order, while the order is in force and after the order ceases to be in force; and

s. 20

(iii)an assessment made by the Secretary (taking into account the assessment referred to in subparagraph (ii)) as to the risks (if the order is made) to the security and good order of the prison in which the prisoner is detained and to the safety and welfare of the prisoner or any other person before the making of the order, while the order is in force and after the order ceases to be in force; and

(iv)a statement made by the Secretary as to the conditions(if any) the Secretary seeks to be imposed on the order.

(5) An applicant for a police custody transfer order must serve a copy of the application on the Secretary.

(6)An application under subsection (1) is not to be heard in open court.

56CApplication to be determined on the papers and information to be in custody of the Court

(1)The Supreme Court, after considering an application made under section 56B, is to determine the matter on the papers.

(2)A person is not entitled to search any document in the custody of the Supreme Court that forms part of an application made under section 56Bor an order made under section 56Dunless the Court otherwise orders in the interests of justice.

56DCourt may make police custody transfer order

s. 20

(1)The Supreme Court may make a police custody transfer order in relation to a prisoner if the Court is satisfied—

(a)as to the grounds on which the application for the order was made; and

(b)that adequate consideration has been given to the security and good order of the prison and the safety and welfare of the prisoner and other persons.

(2)A police custody transfer order authorises the prisoner to whom it applies to be absent from a prison for the period or periods (notexceeding a total of 3 days) specified in the order.

(3)A police custody transfer order must not authorise a prisoner to be absent from a prison overnight unless the Supreme Court is satisfied that exceptional circumstances exist.

(4)A police custody transfer order is subject to any conditions that the Supreme Court considers appropriate.

56EInformation to be provided on return of person to legal custody of Secretary

The Chief Commissioner of Police must ensure that, on the return of a prisoner subject to a police custody transfer order to the legal custody of the Secretary, the Secretary is informed in writing as to any change to the risks to—

s. 20

(a)the security and good order of the prison in which the prisoner is detained while the order is in force and after the order ceases to be force;

(b)the safety and welfare of the prisoner or any other person while the order is in force and after the order ceases to be in force.

56FRevocation of police custody transfer order

(1)The Secretary or amember of the police force of or above the rank of Assistant Commissioner of Police may apply to the Supreme Court at any time for the revocation of a police custody transfer order.

(2)On an application under subsection (1), the Supreme Court may revoke the police custody transfer order if it considers it reasonable in the circumstances to do so.".

21Corrections administration permit

s. 21

(1)In section 57A(1) of the Principal Act, for "The" substitute "Subject to subsection (1A), the".

(2)After section 57A(1) of the Principal Act insert—

"(1A) The Secretary must not issue a corrections administration permit to a prisoner under subsection (1) in circumstances in which the prisoner may be removed from prison in accordance with a police custody transfer order.".

22Establishment of Board

(1)After section 61(2)(a) of the Principal Act insert—

"(ab) such number of Associate Judges of the Supreme Court as are appointed by the Governor in Council on the recommendation of the Chief Justice of the Supreme Court; and".

(2)For section 61(2)(e) of the Principal Act substitute—

"(e)one or more persons appointed by the Governor in Council as part-time members; and".

23Terms of office

(1)After section 63(6) of the Principal Act insert—

"(6AA) If a member who is an Associate Judge of the Supreme Court ceases to be an Associate Judge, the member ceases to hold office as a member.".

(2)After section 63(8) of the Principal Act insert—

"(8A) The appointment as a member of the Board of an Associate Judge of the Supreme Court does not affect the tenure of office, rank, status or the remuneration rights or privileges of the Associate Judge as the holder of office as an Associate Judge, and for all purposes, service as a member of the Board by an Associate Judge is to be regarded as service as an Associate Judge.".

(3)In section 63(9) of the Principal Act, for "County Court" substitute "County Court, an Associate Judge of the Supreme Court".

(4)In section 63(10) of the Principal Act, for "County Court" substitute "County Court, an Associate Judge of the Supreme Court".

24Divisions

s. 24

In section 64(2) of the Principal Act, after "retired Judge," (where twice occurring) insert "Associate Judge,".

25Detention and Supervision Order division

In section 64A(5) of the Principal Act, after "retired Judge," insert "Associate Judge,".

26Chairperson

In section 65 of the Principal Act, after
"section 61(2)(a)," insert "(ab),".

27Reports

In section 72(1) of the Principal Act, after paragraph (b) insert—

"(ba) the purposes of parole and the general principles and factors taken into account by the Board when making decisions in relation to parole; and

(bb) the number of requests made for a review of a Board decision relating to parole; and

(bc) the number of rejections of a request made for a review of a Board decision relating to parole and the reason for each rejection; and

(bca) the number of requests made for a review of a Board decision relating to parole that are accepted and the outcome of each review completed; and".

28Persons on parole deemed still under sentence

s. 28

In section 76 of the Principal Act omit "for more than three months".

29Cancellation of parole

(1)In section 77(5) of the Principal Act omit "formore than 3 months".

(2)After section 77(5) of the Principal Act insert—

"(5A) For the purposes of subsection (5), an offence is taken to havebeen committed during the parole period if—

(a)the offence is committed between 2dates, one of which is within the parole period; or

(b) the parole period is between the 2 dates referred to in paragraph (a).".

30Powers and duties of officers

(1)After section 90(2) of the Principal Act insert—

"(2A) An officer, when required by the Secretary, must provide oral or written information to the Secretary in relation to the management, security or good order of a location or the safety and welfare of offenders at a location.".

(2)For section 90(4)(a) of the Principal Act substitute—

"(a) subsections (1), (2) and (2A) apply as if they referred to reports, returns, records and oral or written information concerning the security of locations only; and".

31Repeal of section 91

s. 31

Section 91 of the Principal Act is repealed.

32New section 99A inserted

After section 99 of the Principal Act insert—

"99A Offenders may be tested to assess whether under the influence of alcohol or anydrug

(1)Subject to subsection (2), if the Secretary considers it necessary to do so for the management, good order or security of a location or for the safety and welfare of offenders at a location or in order for an offender to perform unpaid community work at a location, the Secretary may at any time direct an offender to submit to tests to assess whether the offender is under the influence of—

(a)alcohol; or

(b)any drug of dependence within the meaning of the Drugs, Poisons and Controlled Substances Act 1981; or

(c)any Schedule 8 poison or Schedule 9 poison within the meaning of the Drugs, Poisons and Controlled Substances Act 1981.

(2)The Secretary may give a direction under subsection (1) only if the Secretary believes on reasonable grounds that the offender is under the influence of alcohol, a drug of dependence, a Schedule 8 poison or a Schedule 9 poison.

(3) Tests under subsection (1)—

(a)must be of a kind approved by the Secretary; and

(b)may include the taking of samples of urine.

(4) For the purposes of this section, location means—

(a)a community corrections centre; or

(b) a place which an offender is, by a correctional order or Part 9, required to attend for educational recreation or for any other purpose.".

33Search

s. 33

(1)After section 100(1) of the Principal Act insert—

"(1A) A Regional Manager may, at any time, order a community corrections officer to search and examine an offender at a place that the offender, by a correctional order or Part 9, is required to attend for educational recreation or for any other purpose, if the Regional Manager believes that the search is necessary for the security or good order of the place or the offenders at the place.