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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Corrections (Transition Centres and Custodial
Community Permits) Act 2004
Victorian Legislation and Parliamentary Documents
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY MATTERS 1
1. Purpose 1
2. Commencement 2
PART 2--TRANSITION CENTRES 3
3. Definition 3
4. Insertion of section 4 3
4. References to prisons to include transition centres 3
5. Insertion of section 11A 4
11A. Establishment of transition centres 4
6. Insertion of section 56AC 5
56AC. Transfers to and from transition centres 5
PART 3--CUSTODIAL COMMUNITY PERMITS 7
7. Substitution of section 57 7
57. Custodial community permits 7
57A. Corrections administration permit 7
57B. Rehabilitation and transition permit 8
57C. Fine default permit 9
57D. Provisions applying to all custodial community permits 10
8. Consequential amendments concerning custodial community
permits 11
9. Consequential amendment to the Magistrates' Court Act 1989 12
ENDNOTES 14
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551183B.I1-7/12/2004 BILL LA INTRODUCTION 7/12/2004
PARLIAMENT OF VICTORIA
Victorian Legislation and Parliamentary Documents
A BILL
to amend the Corrections Act 1986 and for other purposes.
Corrections (Transition Centres and
Custodial Community Permits) Act
2004
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY MATTERS
1. Purpose
The purpose of this Act is to amend the
Corrections Act 1986--
5 (a) to provide for the establishment of transition
centres; and
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Corrections (Transition Centres and Custodial Community
Permits) Act 2004
Act No.
Part 1--Preliminary Matters
s. 2
(b) to provide for separate types of custodial
community permits.
Victorian Legislation and Parliamentary Documents
2. Commencement
(1) This Part comes into operation on the day after the
5 day on which this Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
10 not come into operation before 1 August 2005, it
comes into operation on that day.
__________________
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Part 2--Transition Centres
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PART 2--TRANSITION CENTRES
Victorian Legislation and Parliamentary Documents
3. Definition
See:
In section 3(1) of the Corrections Act 1986, after Act No.
the definition of "supervise" insert-- 117/1986.
Reprint No. 5
5 ' "transition centre" means a transition centre as at
1 January
under Part 3;'. 2004
and
amending
Act Nos
11/1993,
2/2002,
53/2003,
14/2004 and
74/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
4. Insertion of section 4
After section 3 of the Corrections Act 1986
insert--
10 "4. References to prisons to include transition
centres
(1) A reference in the following provisions of
this Act to a prison is to be read as including
a reference to a transition centre, unless the
15 contrary intention appears: Parts 1, 1A, 2,
2A, 4, 5, 6, 7, 8 (other than sections 56 and
56AC), 8A and 10.
(2) A reference in any other Act, in any
subordinate instrument or in any other
20 document to a prison is to be read as
including a reference to a transition centre,
unless the contrary intention appears.
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(3) A reference to a Governor in this Act or in
any regulations made under this Act is to be
read as including a reference to the officer in
Victorian Legislation and Parliamentary Documents
charge of a transition centre, unless the
5 contrary intention appears.
(4) A reference in any other Act, in any
subordinate instrument or in any other
document to a Governor of a prison is to be
read as including a reference to the officer in
10 charge of a transition centre, unless the
contrary intention appears.".
5. Insertion of section 11A
After section 11 of the Corrections Act 1986
insert--
15 "11A. Establishment of transition centres
(1) The Governor in Council may, by Order,
appoint any premises or place to be a
transition centre.
(2) The name of a transition centre is the name
20 given to it in the Order establishing it.
(3) An Order under sub-section (1) may state the
maximum number of people that may reside
in the transition centre at any one time.
(4) The Governor in Council may, by Order,
25 revoke the appointment of any premises or
place as a transition centre.
(5) An Order under sub-section (1) or (4) comes
into operation on its making, or on any later
date stated in the Order.
30 (6) The Minister must, within 7 days after the
making of an Order under sub-section (1)
or (4), publish a copy of the Order in the
Government Gazette.
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(7) On the name of a transition centre being
changed, a reference in an Act other than this
Act, a subordinate instrument or a document
Victorian Legislation and Parliamentary Documents
to the transition centre by its old name is
5 deemed to be a reference to the transition
centre by its new name.".
6. Insertion of section 56AC
After section 56AB of the Corrections Act 1986
insert--
10 "56AC. Transfers to and from transition centres
(1) The Secretary may, by instrument, direct the
transfer of a prisoner from a prison to a
transition centre, or from a transition centre
to a prison.
15 (2) The Secretary may only direct the transfer of
a prisoner to a transition centre if--
(a) the Secretary is satisfied that adequate
consideration has been given to the
security and good order of the transition
20 centre and the safety and welfare of the
prisoner and members of the public;
and
(b) the transfer is to occur not less than 3
months, and not more than 12 months,
25 before the earliest possible release date
of the prisoner; and
(c) a transitional activity plan has been
developed for the prisoner that
identifies the prisoner's rehabilitation or
30 re-integration needs, and that proposes
work, community work, education or
other programs to address those needs.
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(3) Without limiting the factors the Secretary
may consider, for the purposes of sub-
section (2)(a) the Secretary must have regard
Victorian Legislation and Parliamentary Documents
to whether the prisoner--
5 (a) has a significant risk of self-harm;
(b) is an active drug user;
(c) has a history of violence;
(d) has a history of sexual offences or other
offences that may make his or her
10 presence at a transition centre
inappropriate;
(e) has a history of escape, or presents a
significant escape risk;
(f) has outstanding criminal charges or
15 other legal or disciplinary matters
pending.".
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Part 3--Custodial Community Permits
s. 7
PART 3--CUSTODIAL COMMUNITY PERMITS
Victorian Legislation and Parliamentary Documents
7. Substitution of section 57
For section 57 of the Corrections Act 1986
substitute--
5 "57. Custodial community permits
(1) The Secretary may issue, in accordance with
this Division, the following custodial
community permits to prisoners--
(a) a corrections administration permit;
10 (b) a rehabilitation and transition permit;
(c) a fine default permit.
(2) The Secretary may issue, in accordance with
this Division, a fine default permit to a
person in the custody of the Chief
15 Commissioner of Police.
57A. Corrections administration permit
(1) The Secretary may issue a corrections
administration permit to a prisoner for any of
the following purposes--
20 (a) a purpose related to the health of the
prisoner;
(b) a purpose related to the administration
of justice, including (but not limited to)
being under police protection on
25 account of evidence given, or to be
given, by the prisoner in a legal
proceeding within the meaning of the
Evidence Act 1958;
(c) to visit a person with whom the
30 prisoner has had a long-standing
personal relationship if that person is
seriously ill or in acute personal need;
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(d) to attend the funeral of a person with
whom the prisoner had a long-standing
personal relationship;
Victorian Legislation and Parliamentary Documents
(e) to visit another prison.
5 (2) The Secretary may issue the permit for a
period of up to 3 days.
(3) Despite sub-section (2), the Secretary may
issue the permit for a longer period if the
permit is to be issued--
10 (a) under sub-section (1)(b) and the
prisoner will be under police protection
while the permit is in force; or
(b) for a purpose related to the health of the
prisoner.
15 (4) Subject to section 6B, a prisoner who is
authorised to be absent from prison under the
permit continues in the legal custody of the
Secretary while absent.
57B. Rehabilitation and transition permit
20 (1) The Secretary may issue a rehabilitation and
transition permit to a prisoner for any of the
following purposes--
(a) a purpose related to the physical fitness
or education of the prisoner;
25 (b) to take part in a program approved by
the Secretary that is designed to
facilitate the maintenance of the
prisoner's family ties;
(c) in the case of a prisoner residing at a
30 transition centre, to undertake activities
provided for in the prisoner's
transitional activity plan;
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(d) to look for or carry out work, including
(but not limited to) unpaid community
work;
Victorian Legislation and Parliamentary Documents
(e) to take part in a program approved by
5 the Secretary that is designed to
facilitate--
(i) the rehabilitation of the prisoner;
or
(ii) the prisoner's re-integration into
10 the community; or
(iii) the preparation of the prisoner for
release.
(2) The Secretary may issue the permit for a
period of up to 30 days.
15 (3) Subject to section 6B, a prisoner who is
authorised to be absent from prison under the
permit continues in the legal custody of the
Secretary while absent.
57C. Fine default permit
20 (1) This section only applies to a person--
(a) who is a prisoner who is in the legal
custody of the Secretary solely--
(i) because he or she is the subject of
a penalty enforcement warrant; or
25 (ii) because he or she failed to pay a
monetary penalty or an instalment
under an instalment order; or
(b) who is in the legal custody of the Chief
Commissioner solely for a reason
30 described in paragraph (a)(i) or (a)(ii).
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(2) The Secretary may issue a fine default permit
to the person requiring the person to carry
out community work as specified in the
Victorian Legislation and Parliamentary Documents
permit.
5 (3) The Secretary may issue the permit for a
period of up to the whole, or the remaining
part, of the term for which the person may be
imprisoned.
Note: Section 6C(1)(bc) provides that a person who is
10 absent from a prison under a fine default permit is
not in the legal custody of the Secretary.
57D. Provisions applying to all custodial
community permits
(1) The Secretary may only issue a custodial
15 community permit to a prisoner if the
Secretary is satisfied that--
(a) adequate consideration has been given
to the safety and welfare of the prisoner
and members of the public; and
20 (b) facilities exist for the provision of
adequate and suitable escort and
transport where necessary; and
(c) in addition to the requirements of this
Division, the issuing of the permit
25 complies with any requirements set out
in the regulations.
(2) In issuing a custodial community permit, the
Secretary--
(a) must comply with any requirements set
30 out in the regulations; and
(b) may impose any conditions on the
permit that he or she thinks are
appropriate.
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(3) A custodial community permit--
(a) authorises the prisoner to be absent
Victorian Legislation and Parliamentary Documents
from the prison for the period stated in
the permit; and
5 (b) is subject to any relevant conditions set
out in the regulations and any other
conditions set out in the permit.
(4) The Secretary may issue a custodial
community permit in accordance with this
10 section to a prisoner who is not in a prison.
(5) If the Secretary issues a custodial community
permit to a prisoner who is not in a prison,
the Secretary must nominate a prison as the
prison from which the prisoner is authorised
15 to be absent.
(6) Nothing in this Division is intended to
prevent the Secretary from re-issuing a
permit that has expired.
(7) In the case of a person referred to in
20 section 57C(1)(b), a reference to a prisoner
in this section is to be read as a reference to
the person.".
8. Consequential amendments concerning custodial
community permits
25 (1) Before section 6C(1)(c) of the Corrections Act
1986 insert--
"(bc) a person who is absent from a prison under a
fine default permit;".
(2) In section 6E of the Corrections Act 1986--
30 (a) in paragraph (d), for "custody." substitute
"custody; or";
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(b) after paragraph (d) insert--
"(e) when the Chief Commissioner releases
Victorian Legislation and Parliamentary Documents
from his or her legal custody a person
who has been issued, while in that
5 custody, with a fine default permit by
the Secretary.".
(3) In sections 58B(1) and 58C of the Corrections
Act 1986, for "custodial community permit"
substitute "corrections administration permit or a
10 rehabilitation and transition permit".
(4) In section 80 of the Corrections Act 1986, in the
definition of "permit", before "community permit"
insert "interstate".
(5) In section 82 of the Corrections Act 1986--
15 (a) insert the following heading--
"Custodial interstate community permit";
(b) before "community permit" insert
"interstate".
See: 9. Consequential amendment to the Magistrates'
Act No.
20 Court Act 1989
51/1989.
Reprint No. 10
In Schedule 7 to the Magistrates' Court
as at
13 October
Act 1989--
2004
and
(a) in clause 21--
amending
Act Nos
(i) in sub-clause (1)(b)(i), for "custodial
27/2002,
25 80/2003, community permit under section 57"
94/2003 and
substitute "fine default permit under
68/2004.
LawToday: section 57C"; and
www.dms.
dpc.vic.
(ii) in sub-clauses (1)(b)(ii) and (2)(b), for
gov.au
"custodial community" substitute "fine
30 default";
(b) in clause 22(3), for "custodial community"
substitute "fine default";
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Part 3--Custodial Community Permits
s. 9
(c) for clause 26 substitute--
"26. Restriction on issue of fine default permits
Victorian Legislation and Parliamentary Documents
If the Court orders that a person be imprisoned
under clause 24(2), then despite anything to the
5 contrary in section 57C of the Corrections Act
1986, the Secretary (as defined in that Act)
must not issue a fine default permit to the
person under section 57C in respect of that
imprisonment.".
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Act No.
Endnotes
ENDNOTES
Victorian Legislation and Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
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