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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Corrections (Interstate Leave of Absence) Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Substitution of section 81 2
81. Interstate laws 2
4. Grounds on which permit may be granted 2
5. Changes concerning the effect of the permit 2
6. Effect of permit issued under interstate law 3
7. Escape of prisoner on leave of absence 3
8. Insertion of section 84EA 4
84EA. Liability for prisoners on leave 4
ENDNOTES 5
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541256B.I1-17/5/2002 BILL LA CIRCULATION 25-10-2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 15 May 2002
A BILL
to amend the Corrections Act 1986 and for other purposes.
Corrections (Interstate Leave of
Absence) Act 2002
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the
Corrections Act 1986 with respect to the granting
of interstate leave of absence for prisoners.
5 2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
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Corrections (Interstate Leave of Absence) Act 2002
s. 3
Act No.
3. Substitution of section 81
See:
For section 81 of the Corrections Act 1986 Act No.
substitute-- 117/1986.
Reprint No. 4
"81. Interstate laws as at
26 August
5 The Governor in Council may, by Order 1999 and
amending Act
published in the Government Gazette, Nos 38/1998,
declare that a law of a State other than 11/1993 (as
amended by
Victoria is an interstate law for the purposes Nos 23/1994
of this Part.". and 45/1996),
86/2000,
45/2001,
72/2001 and
2/2002.
LawToday:
www.dms.
dpc.vic.
gov.au.
10 4. 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
prisoner to be present at an occasion of special
15 significance to the prisoner's immediate or
extended family)".
5. Changes concerning the effect of the permit
In section 83 of the Corrections Act 1986--
(a) in sub-section (1)(a), omit "in the physical
20 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
the prison, authorises the escort";
25 (c) in sub-section (2), for "3 days" substitute
"7 days";
(d) sub-section (4) is repealed.
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Corrections (Interstate Leave of Absence) Act 2002
s. 6
Act No.
6. Effect of permit issued under interstate law
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)".
5 7. Escape of prisoner on leave of absence
(1) In the Corrections Act 1986 insert the following
heading to section 84D--
"Apprehension of prisoner who escapes or fails
to return etc.".
10 (2) After section 84D(1) of the Corrections Act 1986
insert--
"(1A) A person who enters Victoria under a permit
issued by a participating State permitting the
person to travel without an escort to, or
15 through, Victoria may be apprehended
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
20 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--
25 "(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--
30 the person may be taken before the
Magistrates' Court.
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Corrections (Interstate Leave of Absence) Act 2002
s. 8
Act No.
(2A) The Magistrates' Court may, despite the
terms of any permit issued under an
interstate law, by warrant--
(a) order the person to be returned to the
5 participating State in which the permit
was issued; and
(b) for that purpose, order the person to be
delivered to an escort.".
(4) In section 84D(3) of the Corrections Act 1986,
10 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)".
8. Insertion of section 84EA
15 After section 84E of the Corrections Act 1986
insert--
"84EA. Liability for prisoners on leave
(1) The State of Victoria is liable for any loss or
damage sustained by any person in a
20 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
the purposes of, a permit.
(2) Nothing in this section affects any right of
25 action the State of Victoria may have against
the prisoner or escort officer for the damage
or loss.".
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Corrections (Interstate Leave of Absence) Act 2002
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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