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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Corrections (Amendment) Act 2003
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Immunity for police transport providers 2
4. Testing of prisoners for substance use 2
5. Substitution of section 81 3
81. Interstate laws 3
6. Grounds on which permit may be granted 4
7. Changes concerning the effect of the permit 4
8. Effect of permit issued under interstate law 4
9. Escape of prisoner on leave of absence 4
10. Insertion of section 84EA 6
84EA. Liability for prisoners on leave 6
11. Supreme Court--limitation of jurisdiction 6
ENDNOTES 7
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551038B.I1-2/5/2003 BILL LA CIRCULATION 25-10-2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 29 April 2003
A BILL
to amend the Corrections Act 1986 and for other purposes.
Corrections (Amendment) Act 2003
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the
Corrections Act 1986--
(a) to clarify Governors' powers to direct
5 prisoners to submit to tests to assess whether
they are using alcohol; and
(b) to make changes with respect to the granting
of interstate leave of absence for prisoners;
and
10 (c) to make other miscellaneous amendments to
that Act.
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Corrections (Amendment) Act 2003
s. 2
Act No.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3. Immunity for police transport providers
5 See:
In section 9CB(3) of the Corrections Act 1986, Act No.
after "injury" insert "or damage". 117/1986.
Reprint No. 4
as at
26 August
1999 and
amending
Act Nos
38/1988,
11/1993 (as
amended by
Nos 23/1994
and 45/1996),
86/2000,
45/2001,
72/2001,
2/2002 and
35/2002.
LawToday:
www.dms.
dpc.vic.
gov.au
4. Testing of prisoners for substance use
(1) Insert the following heading to section 29A of the
Corrections Act 1986--
10 "Prisoners may be tested for drug or alcohol
use".
(2) For section 29A(1) of the Corrections Act 1986
substitute--
"(1) If the Governor considers it necessary to do
15 so in the interests of the management, good
order or security of the prison, he or she may
at any time direct a prisoner to submit to
tests to assess whether the prisoner has used
or consumed--
20 (a) any alcohol; or
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Corrections (Amendment) Act 2003
s. 5
Act No.
(b) any drug of dependence within the
meaning of the Drugs, Poisons and
Controlled Substances Act 1981; or
(c) any poison listed in Schedule 8 or 9 of
5 the Poisons List prepared under that
Act.".
(3) After section 29A(2) of the Corrections Act 1986
insert--
"(3) The following are deemed to be, and to have
10 always been, valid--
(a) any direction given, or purportedly
given, under this Act before the date of
commencement of section 4 of the
Corrections (Amendment) Act 2003
15 requiring a prisoner to submit to any
test to assess whether the prisoner was
using alcohol; and
(b) any test conducted on a urine sample,
taken under this section before the date
20 of commencement of section 4 of the
Corrections (Amendment) Act 2003,
to assess whether the prisoner who
provided the sample was using
alcohol.".
25 5. Substitution of section 81
For section 81 of the Corrections Act 1986
substitute--
"81. Interstate laws
The Governor in Council may, by Order
30 published in the Government Gazette,
declare that a law of a State other than
Victoria is an interstate law for the purposes
of this Part.".
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Corrections (Amendment) Act 2003
s. 6
Act No.
6. Grounds on which permit may be granted
In section 82(c) of the Corrections Act 1986,
after "compassionate purpose" insert "(including,
in the case of an Aboriginal prisoner, to enable the
5 prisoner to be present at an occasion of special
significance to the prisoner's immediate or
extended family)".
7. Changes concerning the effect of the permit
In section 83 of the Corrections Act 1986--
10 (a) in sub-section (1)(a), omit "in the physical
custody of a prison officer";
(b) in sub-section (1)(b), for "authorises the
prison" substitute "if the Secretary requires
the prisoner to be escorted while absent from
15 the prison, authorises the escort";
(c) in sub-section (2), for "3 days" substitute
"7 days";
(d) sub-section (4) is repealed.
8. Effect of permit issued under interstate law
20 In section 84C(1)(a) of the Corrections Act 1986,
omit "for a purpose similar to a purpose set out in
section 82(a), (b) or (c)".
9. Escape of prisoner on leave of absence
(1) Insert the following heading to section 84D of the
25 Corrections Act 1986--
"Apprehension of prisoner who escapes or fails
to return etc.".
(2) After section 84D(1) of the Corrections Act 1986
insert--
30 "(1A) A person who enters Victoria under a permit
issued by a participating State permitting the
person to travel without an escort to, or
through, Victoria may be apprehended
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Corrections (Amendment) Act 2003
s. 9
Act No.
without warrant in Victoria by any member
of the police force or anyone else if the
person fails--
(a) to return to the participating State as
5 required by the terms of the permit; or
(b) to comply with any other term of the
permit.".
(3) For section 84D(2) of the Corrections Act 1986
substitute--
10 "(2) If--
(a) a person is apprehended under sub-
section (1) or (1A); or
(b) a person in custody under section 84C
has attempted to escape--
15 the person may be taken before the
Magistrates' Court.
(2A) The Magistrates' Court may, despite the
terms of any permit issued under an
interstate law, by warrant--
20 (a) order the person to be returned to the
participating State in which the permit
was issued; and
(b) for that purpose, order the person to be
delivered to an escort.".
25 (4) In section 84D(3) of the Corrections Act 1986,
for "and (2)" substitute ", (1A), (2) and (2A)".
(5) In sections 84D(4), 84D(5), 84D(6) and 84D(7) of
the Corrections Act 1986, for "sub-section (2)"
substitute "sub-section (2A)".
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Corrections (Amendment) Act 2003
s. 10
Act No.
10. Insertion of section 84EA
After section 84E of the Corrections Act 1986
insert--
"84EA. Liability for prisoners on leave
5 (1) The State of Victoria is liable for any loss or
damage sustained by any person in a
participating State that is caused by an act or
omission of a prisoner or an escort officer
while in the participating State under, or for
10 the purposes of, a permit.
(2) Nothing in this section affects any right of
action the State of Victoria may have against
the prisoner or escort officer for the damage
or loss.".
15 11. Supreme Court--limitation of jurisdiction
After section 111A(3) of the Corrections
Act 1986 insert--
"(3A) It is the intention of section 9CB, as
amended by the Corrections (Amendment)
20 Act 2003, to alter or vary section 85 of the
Constitution Act 1975.".
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Corrections (Amendment) Act 2003
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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