Corrections Legislation Amendment Act 2014FILE/14-012a.docx · Web viewOCPC-VIC, Word 2007, Template Release 2010 V5.01 SectionPage Corrections Legislation Amendment Act 2014 No

Corrections Legislation Amendment Act 2014 No. 12 of 2014

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purposes 12 Commencement 3

PART 2—CORRECTIONS ACT 1986 AMENDED 4

3 Definitions 44 Matters to be included in agreement 45 New section 8CA inserted 4

8CA Minister may grant lease or licence over reserved Crown land 4

6 When letters may be stopped and censored 57 Definitions 58 New sections 55EA to 55EC inserted 6

55EA Issue of firearms to escort officers 655EB Discharge of firearms 755EC Discharge of non-lethal firearm 8

9 Application for police custody transfer order 910 Chairperson and deputy chairperson 911 Deputy members 912 Chairing of meetings 913 Meetings 1014 Release on parole after service of non-parole period 1015 New section 76A inserted 11

76A Secretary may direct that prisoner be tested for alcohol or drug use 11

16 Authorisation to disclose information given to Adult Parole Board 13

17 Proceedings for offences 1318 Regulations 1419 Additional regulation-making powers—firearms 1420 Prescribed parole terms and conditions 1421 New section 125 inserted 15

125 Transitional provisions—Corrections Legislation Amendment Act 2014 15

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PART 3—PRISONERS (INTERSTATE TRANSFER) ACT 1983 AMENDED 17

22 Definitions 1723 Transfer in custody of escort 1724 Lawful custody for transit through Victoria 1825 Escape from custody of person being transferred 18

PART 4—SERIOUS SEX OFFENDERS (DETENTION AND SUPERVISION) ACT 2009 AMENDED 19

26 Definitions 1927 Condition authorising Adult Parole Board to give directions 1928 New section 28A inserted 20

28A Determination of application to renew supervision order 20

29 New section 45A inserted 2045A Determination of application to renew detention

order 2030 New sections 63A and 63B inserted 21

63A Determination of application to extend interim supervision order 21

63B Determination of application to extend interim detention order 21

31 Effect of custodial order on time for review 2232 Application for review of condition of supervision order 2233 New section 154A inserted 22

154A Definition 2234 Taking of samples of drugs and alcohol 2335 New sections 172A and 172B inserted 23

172A Transfer of proceedings 23172B Issue of warrant to arrest on failure to comply with

bail or summons 23

PART 5—GENERAL 25

36 Repeal of amending Act 25═══════════════

ENDNOTES 26

Corrections Legislation Amendment Act 2014†

No. 12 of 2014

[Assented to 18 March 2014]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purposes

The main purposes of this Act are—

(a) to amend the Corrections Act 1986—

(i) to enable the Minister to grant leases and licences over Crown land reserved for prison purposes; and

Victoria

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(ii) to enable certain letters sent to or by prisoners to be stopped or censored if the prison Governor reasonably believes they may be a threat to the good order, management or security of a prison or prisoner; and

(iii) to enable more than one member of the Adult Parole Board to be appointed as a deputy chairperson of the Board; and

(iv) to broaden the circumstances in which escort officers may discharge firearms; and

(v) to enable information given to the Adult Parole Board to be used for the preparation for, conduct of or participation in an inquest or investigation held by a coroner; and

(b) to amend the Prisoners (Interstate Transfer) Act 1983 to reflect changes made to the national scheme for the interstate transfer of prisoners; and

(c) to amend the Serious Sex Offenders (Detention and Supervision) Act 2009—

(i) to enable the Adult Parole Board to impose conditions on offenders who have been directed to reside at a residential facility; and

(ii) to enable courts, when determining whether to renew a supervision order or detention order or to extend an interim order, to vary the terms of the order or to revoke the order; and

Section Page

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s. 1

(iii) to specify that if the review of an order falls due while an offender is in custody, the application for that review must be made after the end of the offender's custodial sentence.

2 Commencement

(1) This Part and sections 10, 11, 12, 13 and 17 come into operation on the day after the day on which this Act receives the Royal Assent.

(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3) If a provision of this Act referred to in subsection (2) does not come into operation before 1 September 2014, it comes into operation on that day.

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Section Page

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s. 2

PART 2—CORRECTIONS ACT 1986 AMENDED

3 DefinitionsSee:Act No.117/1986.Reprint No. 10as at20 November 2013 and amendingAct Nos46/2013 and 67/2013.LawToday:www.legislation.vic.gov.aus. 3

In section 3(1) of the Corrections Act 1986, insert the following definition—

"firearm includes a firearm that is a prescribed non-lethal firearm;".

4 Matters to be included in agreement

After section 8C(2)(h) of the Corrections Act 1986 insert—

"(ha) a provision providing for the Minister to grant a lease or licence under section 8CA;".

5 New section 8CA inserted

After section 8C of the Corrections Act 1986 insert—

"8CA Minister may grant lease or licence over reserved Crown land

(1) This section applies to Crown land—

Part 2—Corrections Act 1986 Amended

Corrections Legislation Amendment Act 2014No. 12 of 2014

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(a) reserved for prison purposes under section 4 of the Crown Land (Reserves) Act 1978; and

(b) on which a prison is or is to be located.

(2) Subject to subsection (3), the Minister may, for and on behalf of the Crown, grant a lease or licence over land to which this section applies.

(3) A lease or licence granted under subsection (2)—

(a) may be entered into for the purposes of an agreement under section 8B(1)(a); and

(b) must be for a specific term not exceeding 99 years; and

(c) is not subject to the Land Act 1958 or the Crown Land (Reserves) Act 1978.".

6 When letters may be stopped and censored

After section 47D(1)(a) of the Corrections Act 1986 insert—

"(ab) in the case of a letter sent by a prisoner to another prisoner or a former prisoner, may be a threat to the good order, management or security of a prison or prisoner; or

(ac) in the case of a letter sent to a prisoner by another prisoner or a former prisoner, may be a threat to the good order, management or security of a prison or prisoner; or".

7 Definitions

In section 55(1) of the Corrections Act 1986, insert the following definition—

s. 6Part 2—Corrections Act 1986 Amended


5

"presiding deputy chairperson means—

(a) if only one member of the Board is appointed as a deputy chairperson, that deputy chairperson; or

(b) if more than one member of the Board is appointed as a deputy chairperson—

(i) the deputy chairperson nominated by the chairperson of the Board; or

(ii) if no deputy chairperson has been nominated or the nominated deputy chairperson is absent or unable to act—

(A) the deputy chairperson chosen by the procedure determined by the chairperson; or

(B) if no procedure has been determined or the deputy chairperson chosen is absent or unable to act, the deputy chairperson nominated by the Secretary;".

8 New sections 55EA to 55EC inserted

After section 55E of the Corrections Act 1986 insert—

"55EA Issue of firearms to escort officers

A Governor or the Secretary may authorise the issue of a firearm to an escort officer—

(a) if the escort officer is undertaking duties as an armed escort for high security prisoners or maximum security prisoners; or



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(b) if the escort officer is undertaking patrols outside a prison where high security or maximum security prisoners are kept; or

(c) if the escort officer is undertaking duties at a post specified by the Governor—

(i) at a prison where high security or maximum security prisoners are kept; and

(ii) at the times when prisoners are locked in cells; or

(d) if the escort officer is undertaking firearms training under the direction of an approved instructor; or

(e) in a case of emergency; or

(f) if the Governor or Secretary reasonably believes that a firearm is necessary for the security or good order of the prison or for the safety of a prisoner, escort officer or other person.

55EB Discharge of firearms

(1) An escort officer may discharge a firearm at a prisoner if—

(a) the prisoner escapes or attempts to escape from custody; and

(b) the escort officer reasonably believes that discharging the firearm is the only practicable way to prevent the escape of the prisoner from custody.

(2) An escort officer may discharge a firearm at a person if the escort officer reasonably believes that—



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(a) the person is aiding a prisoner in escaping or attempting to escape from custody; and

(b) discharging the firearm is the only practicable way to prevent the escape of the prisoner from custody.

(3) An escort officer may discharge a firearm at a person if—

(a) that person is using force or threatening force against—

(i) a person in a prison; or

(ii) an officer within the meaning of Part 5 (including the escort officer carrying the firearm) acting in the execution of his or her duties outside a prison; or

(iii) a prisoner outside a prison; and

(b) the escort officer reasonably believes that discharging the firearm is the only practicable way to prevent that person causing death or serious injury.

(4) Before discharging a firearm at a person under this section, an escort officer must—

(a) if it is practicable to do so, give an oral warning to that person to the effect that the person will be shot at if that person does not stop escaping, attempting to escape, aiding an escape or attempted escape or using or threatening force (as the case may be); and

(b) satisfy himself or herself that discharging a firearm at the person does



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not create an unnecessary risk to any other person.

55EC Discharge of non-lethal firearm

An escort officer may discharge a firearm that is a prescribed non-lethal firearm at a person if the escort officer reasonably believes that discharging the firearm is the only practicable way to—

(a) prevent, control or stop a riot in a prison; or

(b) prevent a serious threat to the security or good order of the prison.".

9 Application for police custody transfer order

After section 56B(4)(b) of the Corrections Act 1986 insert—

"(ba) be supported by an affidavit setting out the grounds on which the application is made; and".

10 Chairperson and deputy chairperson

(1) In the heading to section 61A of the Corrections Act 1986, for "deputy chairperson" substitute "deputy chairpersons".

(2) In section 61A(2) of the Corrections Act 1986, for "a member" substitute "one or more members".

(3) In section 61A(3) of the Corrections Act 1986, for "the deputy chairperson (if appointed)" substitute "the presiding deputy chairperson".

11 Deputy members

In section 62(1)(b) of the Corrections Act 1986, for "the deputy chairperson is unable to perform the duties of office, is absent" substitute "there is



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no deputy chairperson who is able to perform the duties of office or who is not absent".

12 Chairing of meetings

(1) In section 65(2) of the Corrections Act 1986, for "the deputy chairperson" substitute "the presiding deputy chairperson".

(2) In section 65(3) and (4) of the Corrections Act 1986, for "deputy chairperson" substitute "the presiding deputy chairperson".

13 Meetings

In section 66(1) and (5) of the Corrections Act 1986, for "deputy chairperson" substitute "the presiding deputy chairperson".

14 Release on parole after service of non-parole period

(1) In section 74(4) of the Corrections Act 1986, for "subsection (5)" substitute "subsections (5) and (5A)".

(2) In section 74(5)(b) of the Corrections Act 1986, after "attach to a" insert "term or".

(3) After section 74(5) of the Corrections Act 1986 insert—

"(5A) If, under subsection (5)(b), the Board attaches an electronic monitoring requirement to a term or condition of a parole order, that parole order is subject to the following conditions—

(a) the prisoner must comply with any direction given by the Board or the Secretary under subsection (5B);

(b) the prisoner must for 24 hours of each day be electronically monitored and wear an electronic monitoring device fitted to him or her at the direction of the Board or the Secretary;



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(c) the prisoner must not tamper with, damage or disable any electronic monitoring device or equipment used for the electronic monitoring of the term or condition;

(d) the prisoner must accept any visit by the Secretary to the place where the prisoner resides, at any time that it is reasonably necessary and for any purpose including to install, repair, fit or remove any electronic monitoring device or equipment used for the electronic monitoring of the term or condition.

(5B) If an electronic monitoring requirement is attached to a term or condition of a parole order, the Board or Secretary may give the prisoner such directions as the Board or Secretary considers necessary for the electronic monitoring of the compliance of the term or condition.

(5C) A prisoner on parole must comply with a condition to which the parole order is subject under subsection (5A) unless the prisoner has a reasonable excuse.

Penalty: 3 months imprisonment or 30 penalty units or both.".

15 New section 76A inserted

After section 76 of the Corrections Act 1986 insert—

"76A Secretary may direct that prisoner be tested for alcohol or drug use



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(1) If a prisoner is released under a parole order that contains an abstinence, treatment or testing condition, the Secretary may at any time direct the prisoner to submit to tests to assess whether the prisoner has consumed or used alcohol, any drug of dependence or a Schedule 8 poison or Schedule 9 poison.

(2) Tests under subsection (1)—

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

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

(3) In this section—

abstinence, treatment or testing condition means a term or condition of a parole order that requires a prisoner to do one or more of the following—

(a) abstain from consuming alcohol;

(b) undergo assessment and treatment for abuse of or dependency on alcohol or any drug of dependence, Schedule 8 poison or Schedule 9 poison;

(c) submit to tests to assess whether the prisoner has consumed alcohol or used any drug of dependence, Schedule 8 poison or Schedule 9 poison while released on parole;

drug of dependence has the same meaning as in the Drugs, Poisons and Controlled Substances Act 1981;



12

Schedule 8 poison has the same meaning as in the Drugs, Poisons and Controlled Substances Act 1981;

Schedule 9 poison has the same meaning as in the Drugs, Poisons and Controlled Substances Act 1981.".

16 Authorisation to disclose information given to Adult Parole Board

(1) For section 104ZZ(b) of the Corrections Act 1986 substitute—

"(b) for the preparation for, conduct of or participation in—

(i) criminal proceedings in any court; or

(ii) proceedings before a tribunal; or

(iii) an inquest or investigation held by a coroner; or".

(2) At the end of section 104ZZ of the Corrections Act 1986 insert—

"(2) A relevant person may use or disclose information given to the Adult Parole Board that is not disclosed in a decision of the Board or in any reasons given by the Board for a decision of the Board if the use or disclosure is authorised by the Minister.".

17 Proceedings for offences

For section 105(1) of the Corrections Act 1986 substitute—

"(1) Proceedings for offences against this Act or the regulations may be brought by—



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(a) the Secretary; or

(b) the Director of Public Prosecutions; or

(c) a crown prosecutor within the meaning of the Criminal Procedure Act 2009; or

(d) a member of staff of the Office of Public Prosecutions established under the Public Prosecutions Act 1994 who is a lawyer; or

(e) a member of the police force.".

18 Regulations

After section 112(1)(q) of the Corrections Act 1986 insert—

"(qa) prescribing a firearm or a type of firearm to be a non-lethal firearm;".

19 Additional regulation-making powers—firearms

(1) In section 112A(c) of the Corrections Act 1986, for "escort officers;" substitute "escort officers.".

(2) Section 112A(d) and (e) of the Corrections Act 1986 are repealed.

20 Prescribed parole terms and conditions

(1) For section 74(4) of the Corrections Act 1986 substitute—

"(4) Subject to subsection (5), the terms and conditions of a parole order are—

(a) the mandatory terms and conditions set out in the regulations; and



14

(b) any other terms and conditions set out in the regulations that the Board imposes on the parole order.".

(2) In section 112(1)(n) of the Corrections Act 1986, after "parole orders" insert "(including mandatory and other terms and conditions of parole orders)".

21 New section 125 inserted

At the end of Part 11 of the Corrections Act 1986 insert—

"125 Transitional provisions—Corrections Legislation Amendment Act 2014

(1) The Minister may vary or cancel a lease or licence—

(a) granted over Crown land—

(i) reserved for prison purposes under section 4 of the Crown Land (Reserves) Act 1978; and

(ii) on which a prison is or is to be located; and

(b) that is in force on or after the commencement of section 5 of the Corrections Legislation Amendment Act 2014—

as if the lease or licence were granted under section 8CA(2).

(2) Section 74(5A), (5B) and (5C) apply in respect of an electronic monitoring requirement attached to a term or condition



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of a parole order if that requirement is in force on or after the commencement of section 14 of the Corrections Legislation Amendment Act 2014, even if the parole order is made before that commencement.

(3) Section 76A applies in respect of a parole order that contains an abstinence, treatment or testing condition and that is in force on or after the commencement of section 15 of the Corrections Legislation Amendment Act 2014, even if the parole order is made before that commencement.

(4) Despite the commencement of section 20 of the Corrections Legislation Amendment Act 2014, a parole order made before that commencement continues in force, on and from that commencement, subject to its terms and conditions unless and until those terms and conditions are varied by the Board.".

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PART 3—PRISONERS (INTERSTATE TRANSFER) ACT 1983 AMENDED

22 DefinitionsSee:Act No.9881.Reprint No. 3as at14 November 2012.LawToday:www.legislation.vic.gov.aus. 22

In section 4 of the Prisoners (Interstate Transfer) Act 1983 insert the following definition—

"local prisons authority means—

(a) in relation to Victoria, the Commissioner appointed under section 8A of the Corrections Act 1986; or

(b) in relation to a participating State, the local prisons authority for that State within the meaning of the interstate law of that State; or

(c) in relation to a Territory, the local prisons authority for that Territory within the meaning of the Transfer of Prisoners Act 1983 of the Commonwealth;".

23 Transfer in custody of escort

After section 24(3) of the Prisoners (Interstate Transfer) Act 1983 insert—

"(4) Without limiting subsections (1) and (3), it is sufficient compliance with an order referred



17

to in either of those subsections if the prisoner concerned—

(a) is delivered into the custody of an escort of the State or Territory to which the prisoner is being transferred, being an escort who is authorised by the local prisons authority for that State or Territory to receive custody of the prisoner; and

(b) is so delivered into custody at a place at which the escort referred to in paragraph (a) is authorised by the local prisons authority for that State or Territory to receive custody of the prisoner.".

24 Lawful custody for transit through Victoria

For section 31(1)(a) of the Prisoners (Interstate Transfer) Act 1983 substitute—

"(a) while in Victoria the escort is authorised to hold, take and keep custody of the person for the purpose of conveying the person within Victoria in accordance with the order; and".

25 Escape from custody of person being transferred

In section 32(1) of the Prisoners (Interstate Transfer) Act 1983, for "section 31" substitute "section 24(3) or 31".

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PART 4—SERIOUS SEX OFFENDERS (DETENTION AND SUPERVISION) ACT 2009 AMENDED

26 DefinitionsSee:Act No.91/2009.Reprint No. 1as at27 June 2012and amendingAct Nos65/2012, 32/2013 and 70/2013.LawToday:www.legislation.vic.gov.aus. 26

In section 3 of the Serious Sex Offenders (Detention and Supervision) Act 2009, insert the following definition—

"proper officer, in relation to a court, means the officer or officers of that court prescribed by rules of that court for the purpose of the provision in which the term is used;".

27 Condition authorising Adult Parole Board to give directions

(1) In section 20(1)(b) of the Serious Sex Offenders (Detention and Supervision) Act 2009, for "such a direction." substitute "such a direction; and".

(2) After section 20(1)(b) of the Serious Sex Offenders (Detention and Supervision) Act 2009 insert—

"(c) if the court has imposed a condition under paragraph (b) authorising the Adult Parole



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Board to give a direction that an offender is to reside at a residential facility, a power to impose a condition authorising the Board to give directions relating to the monitoring (including electronic monitoring) of the offender's compliance with a direction that he or she reside at a residential facility.".


After section 28 of the Serious Sex Offenders (Detention and Supervision) Act 2009 insert—

"28A Determination of application to renew supervision order

(1) On an application under section 28 to renew a supervision order, the court may—

(a) renew the supervision order; or

(b) revoke the supervision order; or

(c) decide not to renew or revoke the supervision order.

(2) If the court renews a supervision order, the court may vary, add to or remove any conditions of the supervision order or direct a different period for the period between applications for review.".



"45A Determination of application to renew detention order

(1) On an application under section 45 to renew a detention order, the Supreme Court may—



20

(a) renew the detention order; or

(b) revoke the detention order; or

(c) decide not to renew or revoke the detention order.

(2) If the Supreme Court renews a detention order, the Supreme Court may vary the period of the detention order.".

30 New sections 63A and 63B inserted


"63A Determination of application to extend interim supervision order

(1) On an application under section 63(1) to extend an interim supervision order, the court that made the interim supervision order may—

(a) extend the interim supervision order; or

(b) revoke the interim supervision order; or

(c) decide not to extend or revoke the interim supervision order.

(2) If the court extends an interim supervision order, the court may vary, add to or remove any conditions of the interim supervision order.

(3) Division 3 of Part 2 applies to any variation or addition of a condition of an interim supervision order under subsection (2).

63B Determination of application to extend interim detention order



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On an application under section 63(2) to extend an interim detention order, the Supreme Court may—

(a) extend the interim detention order; or

(b) revoke the interim detention order; or

(c) decide not to extend or revoke the interim detention order.".

31 Effect of custodial order on time for review

(1) For section 75(2) of the Serious Sex Offenders (Detention and Supervision) Act 2009 substitute—

"(2) If the time for a review of a supervision order or detention order occurs while the offender is in custody, the application for review of the order under this Part must be made as soon as practicable after the offender's release on parole.".

(2) In section 75(3) of the Serious Sex Offenders (Detention and Supervision) Act 2009 for "before the end of the sentence" substitute "as soon as practicable after the end of the custodial sentence".

32 Application for review of condition of supervision order

In section 77(1) of the Serious Sex Offenders (Detention and Supervision) Act 2009, after "at any time" insert "(including time during which the offender is serving a custodial sentence or on remand)".




22

Before section 155 of the Serious Sex Offenders (Detention and Supervision) Act 2009 insert—

"154A Definition

In this Division—

relevant officer means—

(a) in the case of an offender directed to reside at a residential facility, a supervision officer; or

(b) in the case of an offender directed to reside at another location, a community corrections officer who has day to day management of the offender.".

34 Taking of samples of drugs and alcohol

In section 158(5) of the Serious Sex Offenders (Detention and Supervision) Act 2009, the definition of relevant officer is repealed.

35 New sections 172A and 172B inserted


"172A Transfer of proceedings

(1) If a proceeding is commenced under section 172 for an offence against section 160, the Magistrates' Court must order that the proceeding be transferred to the court that made the supervision order.

(2) The Magistrates' Court under subsection (1) may be constituted by a proper officer of the court.



23

(3) An order under subsection (1) must be in the prescribed form.

172B Issue of warrant to arrest on failure to comply with bail or summons

If a proceeding is transferred under section 172A, the court to which the proceeding is transferred may issue a warrant to arrest the offender if the offender does not attend before that court—

(a) in accordance with his or her undertaking of bail; or

(b) in answer to a summons that has been served.".

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PART 5—GENERAL

36 Repeal of amending Act

This Act is repealed on 1 September 2015.Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

Endnotes


26

† Minister's second reading speech—

Legislative Assembly: 11 December 2013

Legislative Council: 20 February 2014

The long title for the Bill for this Act was "A Bill for an Act to amend the Corrections Act 1986, the Prisoners (Interstate Transfer) Act 1983 and the Serious Sex Offenders (Detention and Supervision) Act 2009 and for other purposes."

Documents

Corrections Legislation Amendment Act 2014FILE/14-012a.docx · Web viewOCPC-VIC, Word 2007, Template Release 2010 V5.01 SectionPage Corrections Legislation Amendment Act 2014 No