Version No. 083 Corrections Act 1986 No. 117 of 1986

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Version No. 083

Corrections Act 1986

No. 117 of 1986

Version incorporating amendments as at 1 July 2010

table of provisions

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 1

3 Definitions 1

4 References to prisons to include transition centres 13

5 Act to bind Crown 14

Part 1A—Legal Custody 15

6 Order of imprisonment 15

6A When is a person in the legal custody of the Secretary? 16

6B When does legal custody of the Secretary cease? 17

6C Persons not regarded to be in the Secretary's legal custody 19

6D When is a person in the legal custody of the Chief Commissioner of Police? 21

6E When does legal custody of the Chief Commissioner cease? 22

6F Powers of court or tribunal not to be affected 24

Part 2—Administration 26

7 Functions of Secretary 26

8 Delegation 26

8A Commissioner 27

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

8D Agreement to run with land 33

8E Rights of access 34

8F Emergency powers 36

8G Building work 38

Division 2—Management agreements 38

9 Management agreements 38

Division 3—Agreements with the Chief Commissioner of Police 41

9AA Agreements with the Chief Commissioner 41

9AB Matters to be included in agreement 43

9AC Rights of access 44

Division 4—General provisions relating to agreements 46

9A Authorisation of certain staff 46

9B Police inquiry and report 52

9C Status of staff 55

9CA Staff—police gaols 56

9CAA Transport functions 56

9CB Use of reasonable force by staff—police gaols 57

9D Employment of monitors 58

9E Minimum standards 60

9F Application of FOI 61

9G Investigation of administrative actions 61

Part 3—Prisons and Police Gaols 63

10 Establishment of prisons 63

11 Police gaols 64

11A Establishment of transition centres 65

Part 4—Officers 67

12 Employment under the Public Administration Act 67

13 Volunteers 68

Part 5—Prison Officers and Other Officers Working in Prisons 70

Division 1—General 70

14 Definitions 70

Division 2—Work 70

15 Authorized persons may act as prison officers 70

16 Secretary may authorize medical practitioner to act as medical officer 71

17 Powers of Secretary 72

18 Prison officer subject to direction of principal of training institutions 72

19 Officers subject to certain directions 73

20 Duties relating to security and welfare 73

21 Duties of Governor 74

22 Reports to Governor 75

22A Powers of Governor 75

23 Control of prisoners 76

Part 6—Management and Administration of Prisons 77

Division 1—Management and security of prisons 77

24 Delegation by Governor 77

25 Secretary may nominate person to act as Governor 77

26 Management of prisons in Governor's temporary absence 77

27 Dogs 78

28 Photographing and fingerprinting 79

29 Medical tests and samples 79

29A Prisoners may be tested for drug or alcohol use 80

30 Secrecy 82

30A Victim may be given certain information about a prisoner 88

30B Application to be included on victims register 96

30C Inclusion on the victims register 97

30D Secretary may refuse to include nominee details for person included on victims register 98

30E Annual report 99

30F Secretary may prepare guidelines 100

30G Release of information to "family members" 101

30H Confidentiality of information 101

30I Offence to publish information disclosed under section 30A in electronic or print media 102

31 Children 105

32 Offences relating to prison security 106

Division 2—Access to prisons 107

33 Definitions 107

34 Visits by judges or magistrates 109

35 Appointment of official visitors 109

36 Secrecy 109

37 Visits by relatives or friends 110

38 Contact visiting and residential visiting 110

39 Exclusion of visitors for security reasons 111

40 Visits by lawyers and their assistants 112

41 Visits by the police 113

42 Visitors to give prescribed information 113

43 Governor may refuse or terminate visits for security reasons 115

Division 3—Search and seizure 116

44 Formal searches 116

45 Search 116

46 Seizure 118

Division 4—Prisoners rights 119

47 Prisoners rights 119

Division 4A—Letters to and from prisoners 123

47AA Definitions 123

47A Suspected dangerous letters may be disposed of 124

47B Certain confidential letters may be inspected 125

47C All other letters may be opened and read 126

47D When letters may be stopped and censored 127

47DA Offence for prisoner to send distressing or traumatic letters 128

47E Letter register 128

Division 5—Change of name applications by prisoners 129

47F Application 129

47G Definitions 129

47H Applications for change of name by or on behalf of a prisoner 130

47I Approval by Secretary 131

47J Approval to be notified in writing 131

47K Registration of change of name 132

47L Registrar may correct Register 132

Part 7—Prison Discipline 134

48 Definitions 134

49 Disciplinary officers 134

50 Prison offences 135

51 Governor's action where charge laid 137

52 Secretary may nominate Governor to hear charge 138

53 Governor's hearing 138

54A Power of Secretary to withdraw privileges 140

Part 8—Temporary Absence from Prison 142

Division 1—Definitions 142

55 Definitions 142

Division 1A—Escort officers 143

55A Powers of Secretary in relation to escort officers 144

55B Escort officers subject to direction of court or tribunal 144

55C Functions and powers of escort officers in relation to prisoners 144

55D Authorisation of instruments of restraint 147

55E Use of reasonable force 147

55F Report to Secretary 147

55G Functions and powers of escort officers in relation to persons surrendering to court 148

55H How are things seized by an escort officer to be dealt with? 149

55I Powers of members of police force 150

55J Additional powers of escort officers 150

Division 2—Transfer of prisoners 151

56 Transfers between prisons 151

56AA Transfers to and from police gaols 152

56AB Legal custody of prisoners and detainees transferred to institutions and approved mental health services 152

56AC Transfers to and from transition centres 154

Division 2A—Absence to give evidence at foreign proceedings 155

56A Arrangements with Commonwealth 155

Division 3—Custodial community permits 156

57 Custodial community permits 156

57A Corrections administration permit 157

57B Rehabilitation and transition permit 158

57C Fine default permit 159

57D Provisions applying to all custodial community permits 160

58 Breach of custodial community permit 161

58A Powers of Secretary with respect to custodial community permits 162

58B Visitors to give prescribed information 162

58C Governor may refuse or terminate visits for security reasons 164

58D Offence to give item to prisoner 164

Division 3A—Emergency management days 165

58E Emergency management days 165

Division 4—Home detention orders 166

59 Home detention order 166

60 Order must not be made if other residents object 167

60A Home detention not available for certain offences 169

60B Suitability of prisoner for home detention 169

60C Evidence of home detention order 171

60D Assessment for home detention 171

60E Contents of home detention assessment report 172

60F Disclosure of information 173

60G Medical examination of prisoner 175

60H Undertaking by prisoner 175

60I Obligations of offender 176

60J Core conditions governing home detention 176

60K Special conditions 179

60L Withdrawal of consent 180

60M Revocation of order on application by offender or Secretary 180

60N Alleged breach of a home detention order 182

60O Sanctions for minor breaches 182

60P Serious breach of home detention order 183

60Q Board may require offender to appear before it 184

60R Decision of Board 185

60S Effect of revocation of home detention order 186

60T Re-hearing of revocation made in absence of offender 188

60U Reconsideration of revocation if approved residence available 189

60V Revocation of order by court 190

60W Expiry of home detention order 191

60X Service of notices on offender 191

Division 5—Parole 191

61 Establishment of Board 191

62 Deputy members 194

63 Terms of office 195

64 Divisions 197

64A Detention and Supervision Order division 198

65 Chairperson 199

66 Meetings 200

67 Secretary of the Board or member may act on behalf of Board 201

68 Evidentiary 201

69 Functions of Board 202

70 Secretary to supply assistance to Board 204

71 Powers to take evidence etc. 205

72 Reports 205

73 Officers subject to Board's directions 210

74 Release on parole after service of non-parole period 210

74A Victim submissions 212

74B How does the Board deal with victim submissions? 213

75 Young offenders—sentence and non-parole period 214

76 Persons on parole deemed still under sentence 215

77 Cancellation of parole 215

78 Prisoners may be released on parole more than once 218

Division 6—Change of name applications by prisoners released on parole 219

79 Application of Division 219

79A Definitions 219

79B Applications for change of name by or on behalf of a prisoner on parole 220

79C Approval by Board 220

79D Approval to be notified in writing 221

79E Registration of change of name 221

79F Registrar may correct Register 222

79G Lapse of application on cancellation of parole 222

79H Information-sharing between the Secretary and the Victorian Registrar 223

Division 7—Warrants 223

79I Execution of warrants 223

79J Recall and cancellation of warrants 224

79K Duplicate warrants 224

Part 8A—Interstate Leave of Absence for Prisoners 226

80 Definitions 226

81 Interstate laws 226

82 Custodial interstate community permit 227

83 Effect of permit 227

84 Variation or revocation of permit 229

84A Breach of permit 229

84B Notice to participating State and transit States 229

84C Effect of permit issued under interstate law 230

84D Apprehension of prisoner who escapes or fails to return etc. 231

84E Escape from custody—penalty 233

84EA Liability for prisoners on leave 234

Part 8B—Prison Industries 236

Division 1—Prison industry sites and prison industries 236

84F Appointment of prison industry sites 236

84G Secretary may carry on business for prison industries 236

84H Secretary may direct prisoners and offenders to work 237

Part 9—Community Corrections 239

Division 1—Definitions 239

85 Definitions 239

Division 2—Establishment of community corrections centres and regional centres 240

86 Community corrections centres 240

87 Regions 241

88 Regional centres 241

Division 3—Officers 241

89 Officers subject to Regional Manager's directions 241

90 Powers and duties of officers 242

91 Disclosure of information 244

92 Additional duties of Regional Manager 245

Division 4—Discipline of offenders 246

93 Additional directions by community corrections officers 246

94 Regional Manager may deal with acts of misconduct 247

Division 5—Community corrections programmes 248

95 Approval of community corrections programmes 248

Division 6—Management and administration of locations 249

96 Officer subject to directions of Principal of training institution 249

97 Secretary may nominate person to act as Regional Manager 250

98 Management of region in Regional Manager's temporary absence 250

99 Photographing 251

100 Search 251

101 Seizure 253

102 Delegation 253

103 Access to community corrections centres and locations 253

104 Offender subject to Secretary's directions 254

Part 9A—Search and Seizure in Police Gaols 256

104A Definitions 256

104B Formal searches in police gaols 256

104C Search powers 257

104D Seizure 259

Part 9B—Provisions Concerning Monitored Serious Sex Offenders 262

Division 1—Preliminary matters 262

104E Definitions 262

Division 2—Monitored people at community corrections centres 262

104F Application of this Division 262

104G Obligations of the officer in charge of the centre 263

104H Monitored person must comply with certain directions 263

104I Officers may use force to enforce directions in certain circumstances 264

104J Officers to give reports if required 265

104K Photographing 265

Division 3—Provisions applying to monitored people receiving visits from officers 266

104L Application of this Division 266

104M Officers to give reports if required 267

Division 4—Obligations of regional managers 267

104N Regional Manager to ensure that officers have access to certain information 267

Part 9C—Prisoner Compensation Quarantine Funds 269

Division 1—Introductory 269

104O Definitions 269

104P Application 271

104Q Meaning of criminal act 271

104R Meaning of victim 272

Division 2—Awards of damages to prisoners 272

104S Agreements must be approved by court 272

104T Determination of amounts for medical and legal costs 272

104U Matters to be considered by court 273

Division 3—Payment of money to prisoner compensation quarantine fund 274

104V Damages awarded to prisoner to be paid to prisoner compensation quarantine fund 274

104W Prisoner compensation quarantine funds 275

Division 4—Notice of prisoner compensation quarantine fund 276

104X Victim may ask to be notified of award of damages to prisoner 276

104Y Notice to victims published 276

104Z Notice to victims directly 277

104ZA Applications for information 278

104ZB Disclosure of information by Secretary authorised 279

104ZC Confidentiality of information 279

104ZD Offence to disclose information 279

104ZE Notice to Secretary by victim 280

104ZF Notice to Secretary by creditors 281

Division 5—Payments out of prisoner compensation quarantine fund 282

104ZG Payments out of fund where legal proceedings notified 282

104ZH Payments out of fund where notice from creditor received 283

104ZI Restriction not to affect payment of administration costs 284

104ZJ Payments out of fund where no notice given 285

104ZK Payments taken to be payments at direction of prisoner 285

104ZL When are legal proceedings finally determined 285

Division 6—General 286

104ZM Offence to provide false or misleading information 286

104ZN Annual report 286

Part 9D—Accident Compensation 287

104ZO Definition 287

104ZP Application of Part 287

104ZQ When is compensation payable? 287

104ZR Compensation for personal injuries 288

104ZS Compensation for loss of or damage to property 290

104ZT Jurisdiction 290

104ZU Authority to represent Crown 290

104ZV Compensation otherwise payable 290

104ZW Payments 291

Part 10—General 292

105 Proceedings for offences 292

105A Offences by bodies corporate 292

106 Judicial notice of signatures 293

107 Construction of references 293

108 Apprehension of escaped prisoners 294

109 Grants by Minister 294

111 Sheriff's power not affected 295

111A Supreme Court—limitation of jurisdiction 295

112 Regulations 296

112A Additional regulation-making powers—firearms 302

112B Validation of regulations 304

Part 11—Transitional Provisions 305

113 Act to apply to prison sentences etc. before date of commencement 305

114 Transitional provisions—legal custody 306

115 Transitional provisions—Criminal Justice Legislation (Miscellaneous Amendments) Act 2002 306

115A Transitional provisions—change of name applications 307

115B Transitional provision—Corrections and Other Justice Legislation (Amendment) Act 2006 307

116 Transitional provision—victims register 308

117 Transitional provision—Corrections Amendment Act 2008 309

118 Transitional provision—Justice Legislation Further Amendment Act 2009 309

__________________ 310



Names of Prisons 312

═══════════════ 312


1.General Information 313

2.Table of Amendments 314

3.Explanatory Details 323

Version No. 083

Corrections Act 1986

No. 117 of 1986

Version incorporating amendments as at 1 July 2010

The Parliament of Victoria enacts as follows:

Part 1—Preliminary

1 Purposes

The purposes of this Act are—

(a) to provide for the establishment management and security of prisons and the welfare of prisoners; and

(b) to provide for the administration of services related to community-based corrections and for the welfare of offenders; and

(c) to provide for other correctional services.

2 Commencement

This Act comes into operation on a day or days to be proclaimed.

S. 3 amended by No. 72/2001 s. 3(Sch. item 4.2) (ILA s. 39B(1)).

3 Definitions

(1) In this Act—

S. 3(1) def. of Commis-sioner inserted by No. 45/2001 s. 23(2).

Commissioner means the person employed as Commissioner for the purposes of this Act;

S. 3(1) def. of Commission substituted as def. of Committee by No. 45/1996 s. 4(a), repealed by No. 21/2008 s. 3.

* * * * *

S. 3(1) def. of Commission farm repealed by No. 45/1996 s. 4(b).

* * * * *

S. 3(1) def. of Commission industrial site repealed by No. 45/1996 s. 4(c).

* * * * *

s. 3

community corrections officer means a community corrections officer appointed under Part 4;

S. 3(1) def. of community-based order amended by No. 49/1991
s. 119(7)(Sch. 4 item 3.1).

community-based order means a community-based order under Division 3 of Part 3 of the Sentencing Act 1991;

community corrections centre means a community corrections centre established under Part 9;

S. 3(1) def. of contractor inserted by No. 11/1993 s. 4(2), substituted by No. 94/1994 s. 4(a), amended by No. 45/1996 s. 17(Sch. 1 item 1(a)).

contractor means—

(a) a party to an agreement with the Minister under section 8B(1); or

(b) a party to an agreement with the Secretary under section 9(1); or

(c) a party to an agreement with the Chief Commissioner of Police under section 9AA(1);

S. 3(1) def. of correctional order amended by Nos 44/1991 s. 6(a), 49/1991 s. 119(7)
(Sch. 4 item 3.2(a)(b)), 11/1993 s. 7(1)(a), 65/1997
s. 81(a), 45/2001 s. 23(1), 2/2002 s. 12, 53/2003 s. 11(2), 32/2006 s. 90(1).

correctional order means any of the following—

(a) a community-based order;

(ab) a community work permit within the meaning of the Infringements Act 2006;

(b) a parole order;

(c) an intensive correction order;

(d) a direction under section 107(1)(a) of the Sentencing Act 1991 that a person be released on giving an undertaking that has as a condition that the person be under the supervision of a community corrections officer;

(e) a direction under section 107(1)(b) of the Sentencing Act 1991 that a person be released on parole;

s. 3

(f) a supervision order under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that includes a condition with respect to supervision of the person subject to the order by a community corrections officer;

(g) a combined custody and treatment order;

(h) a drug treatment order (as defined in section 3(1) of the Sentencing Act 1991);

(i) a home detention order under this Act or under section 18ZT of the Sentencing Act 1991;

S. 3(1) def. of correctional services amended by Nos 44/1991 s. 6(b), 94/1994 s. 4(b).

correctional services means the following services—

(a) prisons and services related to prisons or prisoners;

(b) services related to parole and programmes for persons subject to correctional orders;

(c) community corrections centres regional centres and locations and services related to community corrections centres regional centres and locations;

(d) community-based programmes and services related to the administration of community-based orders;

S. 3(1) def. of Director-General repealed by No. 45/1996
s. 17(Sch. 1 item 1(b)).

* * * * *

S. 3(1) def. of domestic partner inserted by No. 72/2001 s. 3(Sch. item 4.1), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 12.1).

domestic partner of a person means—

(a) a person who is in a registered relationship with the person; or

(b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);

S. 3(1) def. of escort officer inserted by No. 45/2001 s. 3(2).

escort officer means—

s. 3

(a) a prison officer; or

(b) an escort officer employed under Part 4;

S. 3(1) def. of fingerprints inserted by No. 35/2002 s. 7(1).

fingerprints includes finger, palm, toe and sole prints, whether taken by impression or by means of a device to obtain a record of the fingerprints;

Example: Fingerprints may be taken by a scanning device to obtain a digital record of the fingerprints.

S. 3(1) def. of function inserted by No. 22/1996 s. 3.

function includes duty;

S. 3(1) def. of Governor amended by No. 45/1996 s. 17(Sch. 1 item 1(c)).

Governor means the Governor of a prison and includes a person nominated by the Secretary to act as the Governor of a prison;

S. 3(1) def. of Health Services Commiss-ioner inserted by No. 45/2001 s. 23(2).

Health Services Commissioner means the Commissioner as defined in the Health Services (Conciliation and Review) Act 1987;

s. 3

S. 3(1) def. of home detention order inserted by No. 53/2003 s. 11(1).

home detention order means a home detention order made under Division 4 of Part 8;

S. 3(1) def. of hospital security order inserted by No. 69/2005 s. 26(1).

hospital security order has the same meaning as in the Sentencing Act 1991;

S. 3(1) def. of Human Rights Commiss-ioner inserted by No. 45/2001 s. 23(2).

Human Rights Commissioner means the Human Rights Commissioner appointed under the Human Rights and Equal Opportunity Commission Act 1986 of the Commonwealth;

S. 3(1) def. of lawyer substituted by No. 18/2005 s. 18(Sch. 1 item 22.1).

lawyer means an Australian lawyer within the meaning of the Legal Profession Act 2004;

S. 3(1) def. of letter inserted by No. 45/2001 s. 23(2).

letter, in relation to a prisoner, means a document containing a communication to, or from, the prisoner, and includes any article accompanying the document;

location means any of the following places—

(a) a community corrections centre;

s. 3

(b) a place at which an offender is by a correctional order required to live;

(c) a place which an offender is by a correctional order or Part 9 required to attend for educational recreation or for any other purpose;

S. 3(1) def. of medical officer amended by No. 46/1998
s. 7(Sch. 1).

medical officer means a medical officer employed under Part 4;

S. 3(1) def. of midwife inserted by No. 13/2010 s. 51(Sch. item 16.1).

midwife means a person registered under the Health Practitioner Regulation National Law—

(a) to practise in the nursing and midwifery profession as a midwife (other than as a student); and

(b) in the register of midwives kept for that profession;

S. 3(1) def. of near relative inserted by No. 72/2001 s. 3(Sch. item 4.1).

near relative of a prisoner means—

(a) a partner of the prisoner;

(b) a parent or grandparent of the prisoner or of a partner of the prisoner;

(c) a child or grandchild (of any age) of the prisoner or of a partner of the prisoner;

(d) a sibling of the prisoner or of a partner of the prisoner;

S. 3(1) def. of nurse inserted by No. 13/2010 s. 51(Sch. item 16.1).

nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);

S. 3(1) def. of offender amended by No. 49/2006 s. 3.

offender, other than in sections 30A to 30I, means a person of whatever age who is the subject of a correctional order;

s. 3

S. 3(1) def. of partner inserted by No. 72/2001 s. 3(Sch. item 4.1).

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