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