Version No. 121
Corrections Act1986
No. 117 of 1986
Version incorporating amendments as at
3 November 2016
table of provisions
Section Page
xiii
Section Page
Part 1—Preliminary 1
1 Purposes 1
2 Commencement 1
3 Definitions 1
4 References to prisons to include transition centres 15
5 Act to bind Crown 16
Part 1A—Legal custody 17
6 Order of imprisonment 17
6A When is a person in the legal custody of the Secretary? 18
6B When does legal custody of the Secretary cease? 19
6C Persons not regarded to be in the Secretary's legal custody 20
6D When is a person in the legal custody of the Chief Commissioner of Police? 22
6E When does legal custody of the Chief Commissioner cease? 23
6F Powers of court or tribunal not to be affected 25
Part 2—Administration 27
7 Functions of Secretary 27
8 Delegation 27
8A Commissioner 28
8AB Delegation by Commissioner 29
Part 2A—Engagement of contractors 30
Division 1—Correctional services agreements 30
8B Minister may enter into correctional services agreements 30
8C Matters to be included in agreement 31
8CA Minister may grant lease or licence over reserved Crown land 32
8D Agreement to run with land 33
8E Rights of access 34
8F Emergency powers 35
8G Building work 37
Division 2—Management agreements 37
9 Management agreements 37
Division 3—Agreements with the Chief Commissioner of Police 40
9AA Agreements with the Chief Commissioner 40
9AB Matters to be included in agreement 41
9AC Rights of access 42
Division 4—General provisions relating toagreements 43
9A Authorisation of certain staff 43
9B Police inquiry and report 49
9C Status of staff 51
9CA Staff—police gaols 52
9CAA Transport functions 52
9CB Use of reasonable force by staff—police gaols 53
9D Employment of monitors 53
9E Minimum standards 55
9F Application of FOI 55
Part 3—Prisons and police gaols 57
10 Establishment of prisons 57
11 Police gaols 58
11A Establishment of transition centres 59
Part 4—Officers 60
12 Employment under the Public Administration Act 60
12A Authority to exercise powers, functions and duties of community corrections officer or Regional Manager 61
13 Volunteers 61
Part 5—Prison officers and other officers working in prisons 63
Division 1—General 63
14 Definitions 63
Division 2—Work 64
15 Authorized persons may act as prison officers 64
16 Secretary may authorize medical practitioner to act as principal medical officer or medical officer 64
17 Powers of Secretary 65
18 Prison officer subject to direction of principal of training institutions 65
19 Officers subject to certain directions 66
20 Duties relating to security and welfare 66
21 Duties of Governor 67
22 Reports to Governor 68
22A Powers of Governor 68
23 Control of prisoners 68
Part 6—Management and administration ofprisons 70
Division 1—Management and security of prisons 70
24 Delegation by Governor 70
25 Secretary may nominate person to act as Governor 70
26 Management of prisons in Governor's temporary absence 70
27 Dogs 71
28 Photographing and fingerprinting 72
29 Medical tests and samples 72
29A Prisoners may be tested for drug or alcohol use 73
30 Electronic monitoring of prisoners 74
30A Victim may be given certain copies of orders and information about a prisoner 75
30B Application to be included on victims register 82
30C Inclusion on the victims register 82
30D Secretary may refuse to include nominee details for person included on victims register 84
30E Annual report 85
30F Secretary may prepare guidelines 85
30G Release of information to "family members" 86
30H Confidentiality of information 86
30I Offence to publish information disclosed under section30A in electronic or print media 87
31 Children 89
32 Offences relating to prison security 90
Division 2—Access to prisons 91
33 Definitions 91
34 Visits by judges or magistrates 92
35 Appointment of independent prison visitors 93
37 Visits by relatives or friends 93
38 Contact visiting and residential visiting 93
39 Exclusion of visitors for security reasons 94
40 Visits by lawyers and their assistants 95
41 Visits by the police 96
42 Visitors to give prescribed information 96
43 Governor may refuse or terminate visits for security reasons 98
Division 3—Search and seizure 99
44 Formal searches 99
45 Search 99
46 Seizure 101
Division 4—Prisoners rights 102
47 Prisoners rights 102
Division 4A—Letters to and from prisoners 106
47AA Definitions 106
47A Suspected dangerous letters may be disposed of 107
47B Certain confidential letters may be inspected 108
47C All other letters may be opened and read 109
47D When letters may be stopped and censored 110
47DA Offence for prisoner to send distressing or traumatic letters 111
47E Letter register 111
Division 5—Change of name applications byprisoners 112
47F Application 112
47G Definitions 112
47H Applications for change of name by or on behalf of a prisoner 113
47I Approval by Secretary 113
47J Approval to be notified in writing 114
47K Registration of change of name 114
47L Registrar may correct Register 115
47M Information-sharing between the Secretary and the Victorian Registrar 115
Part 7—Prison discipline 116
48 Definitions 116
49 Disciplinary officers 116
50 Prison offences 117
51 Governor's action where charge laid 118
52 Secretary may nominate Governor to hear charge 119
53 Governor's hearing 119
54A Power of Secretary to withdraw privileges 121
Part 8—Temporary absence from prison 123
Division 1—Definitions 123
55 Definitions 123
Division 1A—Escort officers 125
55A Powers of Secretary in relation to escort officers 125
55B Escort officers subject to direction of court or tribunal 125
55C Functions and powers of escort officers in relation to prisoners 125
55D Authorisation of instruments of restraint 128
55E Use of reasonable force 128
55EA Issue of firearms to escort officers 128
55EB Discharge of firearms 129
55EC Discharge of non-lethal firearm 130
55F Report to Secretary 130
55G Functions and powers of escort officers in relation to persons surrendering to court 131
55H How are things seized by an escort officer to be dealt with? 132
55I Powers of police officers andpolice custody officers 133
55J Additional powers of escort officers 134
Division 2—Transfer of prisoners 134
56 Transfers between prisons 134
56AA Transfers to and from police gaols 134
56AB Legal custody of prisoners and detainees transferred to institutions and designated mental health services 135
56AC Transfers to and from transition centres 136
Division 2A—Absence to give evidence at foreignproceedings 137
56A Arrangements with Commonwealth 137
Division 2B—Police custody transfer orders 138
56B Application for police custody transfer order 138
56C Application to be determined on the papers and information to be in custody of the Court 140
56D Court may make police custody transfer order 140
56E Information to be provided on return of person to legal custody of Secretary 141
56F Revocation of police custody transfer order 141
Division 3—Custodial community permits 142
57 Custodial community permits 142
57A Corrections administration permit 142
57B Rehabilitation and transition permit 143
57C Fine default permit 144
57D Provisions applying to all custodial community permits 145
58 Breach of custodial community permit 146
58A Powers of Secretary with respect to custodial community permits 146
58B Visitors to give prescribed information 147
58C Governor may refuse or terminate visits for security reasons 148
58D Offence to give item to prisoner 148
Division 3A—Emergency management days 149
58E Emergency management days 149
Division 5—Parole 150
61 Establishment of Board 150
61A Chairperson and deputy chairpersons 153
62 Deputy members 153
63 Terms of office 154
64 Divisions 157
64A Detention and Supervision Order division 158
65 Chairing of meetings 159
66 Meetings 159
66A Secretary of Adult Parole Board 160
67 Secretary of the Board or member may act on behalf of Board 161
68 Evidentiary 161
69 Functions of Board 162
70 Secretary to supply assistance to Board 164
71 Evidence 165
71A Power of Board to compel production of documents and other things or attendance of witnesses 165
71B Variation or revocation of notice to produce or notice to attend 166
71C Service of notice to produce or notice to attend 167
71D Power of Board to compel attendance of witnesses does not affect power of Board to direct prisoners on parole to attend for interview 169
71E Appearance by audio visual link 169
71F Notice to attend issued to person in custody 170
71G Power to take evidence on oath or affirmation 170
71H Offence to fail to comply with a notice to produce or attend 171
71I Offence to fail to take oath, make affirmation or answer question 171
71J Costs of attending meeting of the Board 172
71K Protection of participants at Board meeting 172
72 Reports 173
73 Officers subject to Board's directions 177
73A Safety and protection of the community paramount in parole decisions 178
74 Release on parole after service of non-parole period 178
74AA Conditions for making a parole order for Julian Knight 181
74AAB Release on parole of person imprisoned for sexual offence or serious violent offence 182
74A Victim submissions 183
74B How does the Board deal with victim submissions? 184
75 Young offenders—sentence and non-parole period 185
76 Persons on parole deemed still under sentence 186
76A Secretary may direct that prisoner be tested for alcohol or drug use 186
77 Cancellation of parole 187
77A Revocation of cancellation 190
77B Return of prisoner to prison on cancellation of parole 191
77C Power to direct that time on parole is time served 192
77D Board may arrange for examination of prisoner 192
78 Prisoners may be released on parole more than once 192
78A Offence to breach a term or condition of parole 193
78B Arrest and detention for breach of parole order 194
78C Consideration by Board of breach of terms and conditions of parole 195
78D Application of certain provisions of the Crimes Act1958 and the Bail Act1977 196
78E Time in detention is time served 197
Division 6—Change of name applications by prisoners released on parole 198
79 Application of Division 198
79A Definitions 199
79B Applications for change of name by or on behalf of a prisoner on parole 199
79C Approval by Board 200
79D Approval to be notified in writing 200
79E Registration of change of name 200
79F Registrar may correct Register 201
79G Lapse of application on cancellation of parole 201
79H Information-sharing between the Secretary and the Victorian Registrar 202
Division 7—Warrants 202
79I Execution of warrants 202
79J Recall and cancellation of warrants 202
79K Duplicate warrants 203
Part 8A—Interstate leave of absence forprisoners 204
80 Definitions 204
81 Interstate laws 204
82 Custodial interstate community permit 205
83 Effect of permit 205
84 Variation or revocation of permit 206
84A Breach of permit 207
84B Notice to participating State and transit States 207
84C Effect of permit issued under interstate law 207
84D Apprehension of prisoner who escapes or fails to returnetc. 208
84E Escape from custody—penalty 210
84EA Liability for prisoners on leave 211
Part 8B—Prison industries 212
Division 1—Prison industry sites and prison industries 212
84F Appointment of prison industry sites 212
84G Secretary may carry on business for prison industries 212
84H Secretary may direct prisoners and offenders to work 213
Part 9—Community corrections 214
Division 1—Definitions 214
85 Definitions 214
Division 2—Establishment of community corrections centres and regional centres 215
86 Community corrections centres 215
87 Regions 216
88 Regional centres 216
Division 3—Officers 216
89 Officers subject to Regional Manager's directions 216
90 Powers and duties of officers 217
92 Additional duties of Regional Manager 219
Division 4—Discipline of offenders 220
93 Additional directions by community corrections officers 220
94 Regional Manager may deal with acts of misconduct 220
Division 5—Community corrections programmes 221
95 Approval of community corrections programmes 221
Division 6—Management and administration oflocations 222
96 Officer subject to directions of Principal of training institution 222
97 Secretary may nominate person to act as Regional Manager 223
98 Management of region in Regional Manager's temporary absence 223
99 Photographing 223
99A Offenders may be tested to assess whether under the influence of alcohol or any drug 224
100 Search 225
101 Seizure 228
102 Delegation 228
103 Access to community corrections centres and locations 228
104 Offender subject to Secretary's directions 229
Division 7—Sentencing Advisory Council to reporton offenders subject to community correction orders 230
104AA Annual report 230
Part 9A—Management of police gaols andtransfer, transport and supervisionpowers 231
Division 1—Preliminary 231
104A Definitions 231
104AB Powers limited to certain police gaols 232
Division 2—Management powers in police gaols 232
104AC Management of visitors in police gaols 232
104AD Detained persons to give certain information 234
104AE Orders to detained persons 234
104AF Power to take photographs of detained persons 235
104AG Offence to disobey a lawful order 235
104AH Power to restrain detained persons 235
Division 3—Search and seizure powers inpolicegaols 236
104B Formal searches in police gaols 236
104C Search powers 237
104D Seizure 239
Division 4—Transport and supervision of personsby police custody officers 240
104DA Police custody officers to transport persons at Chief Commissioner's direction 240
104DB Functions and powers of police custody officers in relation to persons they transport or supervise 242
104DC Transport or supervision authorised under other enactments and instruments 244
Division 5—General 244
104DD Use of reasonable force by police custody officers 244
104DE Dealing with seized items 245
104DF General power to authorise transfers of detained persons 245
Part 9B—Provisions concerning monitored serious sex offenders 246
Division 1—Preliminary matters 246
104E Definitions 246
Division 2—Monitored people at community corrections centres 246
104F Application of this Division 246
104G Obligations of the officer in charge of the centre 247
104H Monitored person must comply with certain directions 247