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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Corrections (Further Amendment) Act 2004
Victorian Legislation and Parliamentary Documents
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purposes 1
2. Commencement 2
3. Principal Act 2
4. New definitions inserted 2
5. Secrecy 3
6. Who can receive information? 3
7. Information about prisoners 6
8. New sections 30B to 30I inserted 6
30B. Application to be included on victims register 6
30C. Inclusion on the victims register 7
30D. Secretary may refuse to include nominee details for
person included on victims register 8
30E. Annual report 8
30F. Secretary may prepare guidelines 9
30G. Release of information to "family members" 9
30H. Confidentiality of information 10
30I. Offence to publish information disclosed under
section 30A in electronic or print media 10
9. New sections 74A and 74B inserted 13
74A. Victim submissions 13
74B. How does the Board deal with victim submissions? 14
10. New section 105A inserted 15
105A. Offences by bodies corporate 15
11. New regulation-making powers 16
ENDNOTES 17
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PARLIAMENT OF VICTORIA
Initiated in Assembly 2 March 2004
Victorian Legislation and Parliamentary Documents
A BILL
to amend the Corrections Act 1986 to provide for certain information
to be given to persons included on a victims register and to provide for
how such information is dealt with, to provide for victim submissions
to the Adult Parole Board, to include regulation-making powers for a
victims register and for other purposes.
Corrections (Further Amendment) Act
2004
The Parliament of Victoria enacts as follows:
1. Purposes
The main purposes of this Act are--
(a) to amend the Corrections Act 1986 to
provide for--
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1
Corrections (Further Amendment) Act 2004
s. 2
Act No.
(i) an expanded class of victims of crime
to be included on a victims register to
be given information under that Act;
Victorian Legislation and Parliamentary Documents
(ii) how such information is to be dealt
5 with; and
(b) to provide for persons included on the
victims register to be able to make
submissions to the Adult Parole Board under
that Act.
10 2. Commencement
(1) Subject to sub-section (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 on or before 30 August 2004, it comes
15 into operation on that day.
3. Principal Act
See: In this Act, the Corrections Act 1986 is called the
Act No.
Principal Act.
117/1986.
Reprint No. 5
as at
1 January
2004
and
amending
Act Nos
11/1993 and
53/2003.
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gov.au
4. New definitions inserted
20 In section 3(1) of the Principal Act, insert the
following definitions--
' "victims register" means the register
established under the regulations for the
purpose of recording persons entitled to be
25 given information under section 30A and to
make victim submissions;
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"victim submission" means a submission made
under section 74A to the Adult Parole
Board;'.
Victorian Legislation and Parliamentary Documents
5. Secrecy
5 After section 30(3)(da) of the Principal Act
insert--
"(db) disclosing information to persons included
on the victims register for the purposes of
making victim submissions; or".
10 6. Who can receive information?
For section 30A(1) of the Principal Act
substitute--
'(1) In this section--
"criminal act of violence" means--
15 (a) an offence that involves an assault
on, or injury or a threat of injury
to, a person which is punishable
by imprisonment;
(b) an offence against Subdivision
20 (8A), (8B), (8C), (8D) or (8E) of
Division 1 of Part I of the Crimes
Act 1958 or any corresponding
previous enactment (sexual
offences);
25 (c) an offence at common law of rape
or assault with intent to rape;
(d) an offence against section 21A(1)
of the Crimes Act 1958 (stalking)
or any corresponding previous
30 enactment;
(e) an offence against section 63 of
the Crimes Act 1958 (child
stealing) or any corresponding
previous enactment;
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(f) an offence against section 63A of
the Crimes Act 1958
(kidnapping) or any corresponding
Victorian Legislation and Parliamentary Documents
previous enactment;
5 (g) an offence against section 77 of
the Crimes Act 1958 (aggravated
burglary) or any corresponding
previous enactment;
(h) an offence of conspiracy to
10 commit, incitement to commit or
attempting to commit an offence
referred to in paragraphs (a) to (g);
(i) an offence against the law of
another jurisdiction in Australia
15 which substantially corresponds to
an offence referred to in
paragraphs (a) to (h);
"family member", in relation to a person,
means that person's--
20 (a) spouse or domestic partner;
(b) child or step-child aged 18 years
or more;
(c) parent, step-father, step-mother or
legal guardian;
25 (d) brother, sister, step-brother or
step-sister aged 18 years or more;
(e) grandparent;
(f) grandchild aged 18 years or more;
(g) uncle or aunt;
30 (h) niece or nephew aged 18 years or
more;
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(i) father-in-law, mother-in-law, son-
in-law, daughter-in-law, brother-
in-law or sister-in-law aged
Victorian Legislation and Parliamentary Documents
18 years or more;
5 "victim" means--
(a) a person who has had a criminal
act of violence committed against
him or her;
(b) a family member of a person who
10 has died as a direct result of a
criminal act of violence
committed against that person;
(c) a family member of a person
who--
15 (i) has had a criminal act of
violence committed against
that person; and
(ii) is under 18 years of age or is
incapable of managing his or
20 her own affairs because of
mental impairment;
(d) a person who--
(i) is or has been the spouse or
domestic partner of a
25 prisoner; and
(ii) has an intervention order
(other than an interim
intervention order) under the
Crimes (Family Violence)
30 Act 1987 in force against the
prisoner.'.
5
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7. Information about prisoners
(1) In section 30A(2) of the Principal Act, for the
Victorian Legislation and Parliamentary Documents
words commencing "The Secretary may" and
ending "making the request" substitute "Subject
5 to section 30G, the Secretary may give a person
included on the victims register in respect of an
offence for which a prisoner is serving a sentence
of imprisonment".
(2) After section 30A(2) of the Principal Act insert--
10 "(2A) If a person included on the victims register
has a nominee whose details have been
included under section 30D in respect of the
person included on the victims register, the
Secretary may give information under sub-
15 section (2) to the nominee on behalf of that
person.".
8. New sections 30B to 30I inserted
After section 30A of the Principal Act insert--
'30B. Application to be included on victims
20 register
(1) A person may apply to the Secretary for
inclusion on the victims register.
(2) An application under sub-section (1)--
(a) must be in writing; and
25 (b) may include details of a nominee to
whom the applicant wishes information
to be disclosed under section 30A
instead of being disclosed directly to
the applicant.
30 (3) If an applicant includes details of a nominee
in accordance with sub-section (2)(b), the
application must include the following--
(a) details of the nominee's relationship to
the applicant; and
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(b) the reason that the applicant wishes
information under section 30A to be
disclosed to the nominee rather than
Victorian Legislation and Parliamentary Documents
directly to the applicant; and
5 (c) an undertaking completed by the
nominee that the nominee will not
disclose the information disclosed
under section 30A by the Secretary,
other than in accordance with the Act.
10 (4) An undertaking referred to in sub-section
(3)(c) must be in the prescribed form.
30C. Inclusion on the victims register
(1) A person who makes an application under
section 30B who is a victim within the
15 meaning of section 30A(1) must be included
on the victims register.
(2) A person who makes an application under
section 30B who is not a victim within the
meaning of section 30A(1) may be included
20 on the victims register if the Secretary, in
writing, approves the inclusion of that person
on the register.
(3) For the purposes of sub-section (2), the
Secretary may approve the inclusion of a
25 person on the register if that person--
(a) is not a victim within the meaning of
paragraph (d) of the definition of
"victim" in section 30A(1) but can
demonstrate, to the satisfaction of the
30 Secretary, a documented history of
domestic violence being committed by
a prisoner against that person; or
(b) can demonstrate, to the satisfaction of
the Secretary, a substantial connection
35 to the offence for which the prisoner is
serving a sentence of imprisonment.
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30D. Secretary may refuse to include nominee
details for person included on victims
register
Victorian Legislation and Parliamentary Documents
(1) If an applicant under section 30B includes
5 details of a nominee to whom the applicant
wishes information under section 30A to be
disclosed, the Secretary may include those
details in respect of the applicant as part of
the inclusion of the applicant as a person on
10 the victims register if satisfied that it is
appropriate to do so.
(2) If an applicant under section 30B is included
on the victims register, the Secretary may
refuse to include details of an applicant's
15 nominee if the Secretary believes on
reasonable grounds that the disclosure of
information under section 30A to the
nominee--
(a) may endanger--
20 (i) the security of any prison; or
(ii) the safe custody and welfare of the
prisoner or any other prisoner; or
(iii) the safety or welfare of any other
person; or
25 (b) may result in a contravention of
section 30I.
30E. Annual report
(1) The Secretary must provide an annual
written report to the Minister and to the
30 Attorney-General on the inclusion by the
Secretary of persons on the victims register
under section 30C(3).
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(2) A report under sub-section (1) must
include--
Victorian Legislation and Parliamentary Documents
(a) the number of applications for inclusion
on the victims register received under
5 section 30C(2); and
(b) the number of such applications
approved by the Secretary under
section 30C(3); and
(c) the categories of person which the
10 Secretary has approved for inclusion on
the victims register.
30F. Secretary may prepare guidelines
(1) The Secretary may prepare guidelines in
relation to the exercise of powers under
15 section 30C.
(2) The Minister and the Attorney-General must
both approve any guidelines prepared under
sub-section (1).
(3) Guidelines prepared under sub-section (1)
20 and approved under sub-section (2)--
(a) must be published in the Government
Gazette as soon as practicable after
their preparation; and
(b) take effect on the date of publication in
25 the Government Gazette.
30G. Release of information to "family
members"
The Secretary must not disclose information
under section 30A to a person included on
30 the victims register who is a family member
within the meaning of section 30A(1) unless
that person can show, to the satisfaction of
the Secretary, that he or she is or was the
primary care giver or next of kin of the
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person against whom the relevant offence for
which the prisoner is serving a sentence of
imprisonment was committed.
Victorian Legislation and Parliamentary Documents
30H. Confidentiality of information
5 A person included on the victims register and
that person's nominee (if any) to whom
information is disclosed under section 30A
by the Secretary must treat that information
in an appropriate manner that respects the
10 confidential nature of the information.
30I. Offence to publish information disclosed
under section 30A in electronic or print
media
(1) A person must not publish in the electronic
15 or print media or cause to be published in the
electronic or print media any information
relating to the personal affairs of a prisoner if
that person knows that the information has
been disclosed under section 30A.
20 Penalty: 60 penalty units, in the case of a
natural person;
1200 penalty units, in the case of a
body corporate.
(2) A person must not, for the purposes of
25 publication in the electronic or print media,
solicit or obtain any information relating to
the personal affairs of a prisoner, being
information which has been disclosed under
section 30A from--
30 (a) a person included on the victims
register or that person's nominee (if
any); or
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(b) a person who has previously been
included on the victims register or that
person's nominee (if any).
Victorian Legislation and Parliamentary Documents
Penalty: 60 penalty units, in the case of a
5 natural person;
1200 penalty units, in the case of a
body corporate.
(3) A person included on the victims register, a
person who has previously been included on
10 the victims register or the nominee of either
of those persons must not disclose any
information relating to the personal affairs of
a prisoner which has been disclosed to that
person under section 30A if that person
15 reasonably believes that the information is
likely to be or will be published in the
electronic or print media or caused to be
published in the electronic or print media.
Penalty: 60 penalty units.
20 (4) Nothing in this section prevents--
(a) a nominee of a person included on the
victims register disclosing information
to the person on whose behalf
information has been disclosed under
25 section 30A by the Secretary to the
nominee; or
(b) a person included on the victims
register or a nominee of a person
included on the victims register from
30 disclosing information disclosed under
section 30A by the Secretary to an
authorised person.
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(5) In this section--
"authorised person" means--
Victorian Legislation and Parliamentary Documents
(a) in the case of a person included on
the victims register, a family
5 member within the meaning of
section 30A(1);
(b) a member of the police force, the
DPP or a person employed in the
Office of Public Prosecutions
10 established under the Public
Prosecutions Act 1994 if that
member or person is investigating
an offence;
(c) a registered medical practitioner
15 within the meaning of the
Medical Practice Act 1994 in the
course of treatment of a person
included on the victims register in
relation to a condition or issues
20 arising from that person being a
victim of a criminal act of
violence;
(d) a registered psychologist within
the meaning of the Psychologists
25 Registration Act 2000 in the
course of treatment of a person
included on the victims register in
relation to a condition or issues
arising from that person being a
30 victim of a criminal act of
violence;
(e) a legal practitioner within the
meaning of the Legal Practice
Act 1996 in the course of
35 consulting that legal practitioner
for legal advice;
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"Director of Public Prosecutions" means
the Director of Public Prosecutions
appointed under section 87AB of the
Victorian Legislation and Parliamentary Documents
Constitution Act 1975;
5 "information relating to the personal
affairs of a prisoner" has the same
meaning as it has in section 30(1).'.
9. New sections 74A and 74B inserted
After section 74 of the Principal Act insert--
10 "74A. Victim submissions
(1) A person included on the victims register
may make a submission to the Board for
consideration by the Board in determining to
make a parole order under section 74.
15 (2) A victim submission--
(a) must be in writing; and
(b) must address matters relating to the
person's views about the effect of the
potential release of the prisoner on
20 parole on that person; and
(c) may include comments from the person
as to any terms and conditions to which
the parole order may be subject; and
(d) must include any other prescribed
25 matters.
(3) On receiving notification under section
30A(2) of the release or likely release of a
prisoner on parole, a person included on the
victims register who wishes to make a victim
30 submission must make that submission
within the time specified in the notification.
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74B. How does the Board deal with victim
submissions?
Victorian Legislation and Parliamentary Documents
(1) Before making a parole order under
section 74, the Board--
5 (a) must consider any victim submission it
receives in relation to the matter being
determined; and
(b) may, in its absolute discretion, give that
submission such weight as the Board
10 sees fit in determining to make a parole
order.
(2) The Board must not release a victim
submission to the prisoner in relation to
whom the parole order is being determined
15 unless--
(a) the release of the submission is, in the
opinion of the Board, essential in the
interests of fairness and justice; and
(b) before releasing the victim submission,
20 the Board has asked the person who
made the victim submission whether he
or she--
(i) consents to the submission being
released to the prisoner; or
25 (ii) wishes to amend the submission
so that it can be released to the
prisoner; or
(iii) wishes to withdraw the
submission.
30 (3) If a person who made a victim submission
does not consent to the submission being
released to the prisoner, amend the
submission so that it can be released to the
prisoner or withdraw the submission when
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asked to do so by the Board under sub-
section (2)(b), the Board--
Victorian Legislation and Parliamentary Documents
(a) must not release the victim submission
to the prisoner; and
5 (b) in considering the victim submission
when determining to make a parole
order, may reduce the weight it would
otherwise have given to the submission
if the person who made it had complied
10 with sub-section (2)(b).".
10. New section 105A inserted
After section 105 of the Principal Act insert--
"105A. Offences by bodies corporate
(1) If, in proceedings for an offence against this
15 Act, it is necessary to establish the intention
or knowledge of a body corporate, it is
sufficient to show that an officer, employee
or agent of the body corporate had that
intention or knowledge.
20 (2) If an offence against this Act committed by a
body corporate is proved to have been
committed with the consent or connivance of
a person who is a director, manager,
secretary or other officer of the body
25 corporate, that person is deemed to have
committed the offence also and is liable to be
proceeded against and punished accordingly.
(3) This section applies only with respect to an
offence alleged to have been committed after
30 the commencement of section 10 of the
Corrections (Further Amendment) Act
2004.".
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11. New regulation-making powers
After section 112(1)(m) of the Principal Act
Victorian Legislation and Parliamentary Documents
insert--
"(ma) the establishment and keeping of a victims
5 register;
(mb) the manner of application for registration by
persons wishing to be included on the
victims register;
(mc) the manner and circumstances in which a
10 person may be removed from the victims
register;
(md) matters to be included in victim
submissions;".
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Endnotes
Act No.
ENDNOTES
Victorian Legislation and Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
17
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