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PARLIAMENT OF VICTORIA
Public Correctional Services Authority Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
3. Definitions 2
PART 2--PUBLIC CORRECTIONAL SERVICES AUTHORITY 3
4. Establishment 3
5. Authority not to represent the Crown 3
6. Objectives 3
7. Functions 4
8. Powers of the Authority 4
9. Schedule 1 5
10. Delegation 5
11. Borrowing and investment by Authority 5
12. Duties of directors 5
13. Minister or Authority may bring proceedings 6
PART 3--CORPORATE PLAN AND REPORTS 7
14. Corporate plan 7
15. Statement of corporate intent: contents 8
16. Corporate plan to be followed 9
17. Nothing void merely because of non-compliance 9
18. Board to give notice of significant events 9
19. Annual report 9
20. Review by Secretary 10
PART 4--TRANSITIONAL 11
21. Determination of staff to be transferred 11
22. Transfer of staff 11
23. Future terms and conditions of transferred employees 12
24. Transitional provision--Functions and powers of Governors,
prison officers, etc. 12
25. Exemption from police inquiry and report 13
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Clause Page
PART 5--AMENDMENT OF CORRECTIONS ACT 1986 14
26. Principal Act 14
27. Definitions 14
28. Interpretation 14
29. Delegation 15
30. Repeal of section 9C 15
31. New Part inserted 15
PART 2B--ROLE OF PUBLIC CORRECTIONAL
SERVICES AUTHORITY 15
9H. Definitions 15
9I. Orders conferring functions 16
9J. Directions of Minister 16
9K. Functions of Authority 17
9L. Authority as administrator 17
9M. Authorisation of Authority staff 17
9N. Police inquiry and report 18
9O. Appointment of monitors 19
9P. Minimum standards 19
32. Section 12 substituted 20
12. Principal medical officers 20
33. Repeal of section 16 20
34. Photographing and fingerprinting 20
35. Secrecy 20
36. Search 21
37. Prisoners rights 21
38. Prison offences 21
39. Transfer by Secretary 22
40. New section inserted 22
62A. Appointment of the Secretary to the Adult Parole Board 22
41. Section 70 substituted 22
70. Assistance to the Board 22
42. Reports 23
PART 6--MISCELLANEOUS 24
43. Amendment of Borrowing and Investment Powers Act 1987 24
__________________
SCHEDULE 1--Provisions applying to Authority 25
NOTES 32
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PARLIAMENT OF VICTORIA
A BILL
to establish the Public Correctional Services Authority and to amend
the Corrections Act 1986 and the Borrowing and Investment
Powers Act 1987 and for other purposes.
Public Correctional Services Authority
Act 1998
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
(a) to establish the Public Correctional Services
5 Authority; and
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Public Correctional Services Authority Act 1998
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Act No.
(b) to amend the Corrections Act 1986 to
provide for the role of the Public
Correctional Services Authority in relation to
the provision of correctional services.
5 2. Commencement
(1) This Part and section 21 come into operation on
the day on which this Act receives the Royal
Assent.
(2) Subject to sub-section (3), the remaining
10 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
not come into operation before 1 January 1999, it
comes into operation on that day.
15 3. Definitions
In this Act--
"Authority" means the Public Correctional
Services Authority established under Part 2;
"transferred employee" means a person who, by
20 virtue of section 22, is deemed to be
employed by the Authority.
_______________
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Public Correctional Services Authority Act 1998
s. 4
Act No.
PART 2--PUBLIC CORRECTIONAL SERVICES
AUTHORITY
4. Establishment
(1) The Public Correctional Services Authority is
5 established.
(2) The Authority--
(a) is a body corporate with perpetual
succession;
(b) has an official seal;
10 (c) may acquire, hold and dispose of real and
personal property;
(d) may sue and be sued in its corporate name;
(e) may do and suffer all acts and things that a
body corporate may by law do and suffer.
15 (3) The official seal of the Authority must be kept in
the custody that the Authority directs and must not
be used except as authorised by the Authority.
(4) All courts must take judicial notice of the seal of
the Authority affixed to a document and must
20 presume that it was properly affixed.
5. Authority not to represent the Crown
The Authority is a public authority but does not
represent the Crown.
6. Objectives
25 The objectives of the Authority are--
(a) to protect the community through the
provision of correctional services;
(b) to supervise and manage the prisoners and
other persons under its control in a safe,
30 secure, humane and just manner;
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(c) to perform its functions efficiently,
effectively and economically.
7. Functions
The functions of the Authority are--
5 (a) to provide any correctional services required
to be provided by it under Part 2B of the
Corrections Act 1986;
(b) if required under the Corrections Act 1986,
to act as an administrator of a correctional
10 service;
(c) any other functions conferred on it by or
under this or any other Act.
8. Powers of the Authority
(1) The Authority has power to do anything that is
15 necessary or convenient to be done for or in
connection with the carrying out of its functions.
(2) Without limiting sub-section (1), the Authority
may--
(a) enter into agreements or arrangements with
20 any person or body for the provision of
goods or services to the Authority;
(b) with the written consent of the Minister,
given either generally or in relation to a
specific agreement, enter into agreements or
25 arrangements with any person or body for
the provision of goods or services by the
Authority, either within or outside Victoria;
(c) may take and hold indemnities;
(d) purchase, lease or otherwise acquire real or
30 personal property for the purpose of
performing its functions;
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(e) sell, exchange or lease or otherwise dispose
of any property acquired by, or granted to
the Authority.
9. Schedule 1
5 Schedule 1 applies to the Authority.
10. Delegation
(1) The Authority may, by instrument under its
official seal, delegate any function or power of the
Authority under this Act, other than this power of
10 delegation, to--
(a) a director of the Authority;
(b) the Chief Executive Officer of the Authority;
(c) an employee or class of employees of the
Authority; or
15 (d) with the written consent of the Minister, any
other person or body.
(2) The consent of the Minister under this section
may be specific or general.
11. Borrowing and investment by Authority
20 The Authority has the powers conferred on it by
the Borrowing and Investment Powers Act
1987.
12. Duties of directors
(1) A director of the Authority must at all times act
25 honestly in the performance of the functions of his
or her office.
(2) A director of the Authority must at all times
exercise a reasonable degree of care and diligence
in the performance of his or her functions.
30 (3) A director, or former director, of the Authority
must not make improper use of information
acquired by virtue of his or her position as a
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director to gain, directly or indirectly, an
advantage for himself or herself or for any other
person or to cause detriment to the Authority.
(4) A director of the Authority must not make
5 improper use of his or her position as a director to
gain, directly or indirectly, an advantage for
himself or herself or for any other person or to
cause detriment to the Authority.
(5) This section has effect in addition to, and not in
10 derogation of, any Act or law relating to the
criminal or civil liability of a member of the
governing body of a corporation and does not
prevent the institution of any criminal or civil
proceedings in respect of such a liability.
15 13. Minister or Authority may bring proceedings
If a person contravenes section 12 in relation to
the Authority, the Authority or the Minister, in the
name of the Authority, may recover from the
person as a debt due to the Authority by action in
20 a court of competent jurisdiction either or both of
the following--
(a) if that person, or any other person, made a
profit as a result of the contravention, an
amount equal to that profit;
25 (b) if the Authority has suffered loss or damage
as a result of the contravention, an amount
equal to that loss or damage.
_______________
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Public Correctional Services Authority Act 1998
s. 14
Act No.
PART 3--CORPORATE PLAN AND REPORTS
14. Corporate plan
(1) The board of the Authority must prepare a
corporate plan for each financial year.
5 (2) The board must give a copy of the proposed plan
to the Minister on or before a date nominated by
the Minister in each year.
(3) The proposed corporate plan must be in or to the
effect of a form approved by the Minister and
10 must include--
(a) a statement of corporate intent in accordance
with section 15;
(b) a business plan containing such information
as the Minister requires;
15 (c) financial statements containing such
information as the Minister requires.
(4) The board must consider any comments on the
proposed plan that are made to it by the Minister
within 2 months after the plan was submitted to
20 the Minister.
(5) The board must consult in good faith with the
Minister following communication to it of the
comments, must make such changes to the plan as
are agreed between the Minister and the board and
25 must deliver the completed plan to the Minister on
or before 31 March in each year.
(6) The plan, or any part of the plan, must not be
published or made available except for the
purposes of this Part without the prior approval of
30 the board and the Minister.
(7) The plan may be modified at any time by the
board with the agreement of the Minister.
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(8) If the board, by written notice to the Minister,
proposes a modification of the plan, the board
may, within 28 days, make the modification
unless the Minister, by written notice to the board,
5 directs the board not to make it.
(9) The Minister may, from time to time, by written
notice to the board, direct the board to include in,
or omit from, a statement of corporate intent, a
business plan or a financial statement of a
10 specified kind, any specified matters.
(10) Before giving a direction under this section, the
Minister must consult with the board as to the
matters to be referred to in the notice.
(11) The board must comply with a direction under this
15 section.
(12) At any particular time, the statement of corporate
intent, the business plan or the financial
statements for the Authority are the statements
and plan last completed, with any modifications or
20 deletions made in accordance with this Part.
15. Statement of corporate intent: contents
Each statement of corporate intent must specify
for the Authority, in respect of the financial year
to which it relates and each of the 2 following
25 financial years, the following information--
(a) the business goals of the Authority;
(b) the main undertakings of the Authority;
(c) the nature and scope of the activities to be
undertaken by the Authority;
30 (d) measures by which the performance of the
Authority may be judged in relation to its
stated objectives;
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(e) the kind of information to be provided to the
Minister by the Authority during the course
of those financial years;
(f) such other matters as may be agreed on by
5 the Minister and the board of the Authority
from time to time.
16. Corporate plan to be followed
The Authority must act only in accordance with
its corporate plan, as existing from time to time,
10 unless it has first obtained the written approval of
the Minister to do otherwise.
17. Nothing void merely because of non-compliance
Nothing done by the Authority is void or
unenforceable merely because the Authority has
15 failed to comply with section 14, 15 or 16.
18. Board to give notice of significant events
If the board of the Authority forms the opinion
that matters have arisen--
(a) that may prevent, or significantly affect,
20 achievement of the objectives of the
Authority under the corporate plan; or
(b) that may prevent, or significantly affect
achievement of the targets under the plan--
the board must immediately notify the Minister of
25 its opinion and the reasons for the opinion.
19. Annual report
The Authority, in its annual report for a financial
year under Part 7 of the Financial Management
Act 1994, must include--
30 (a) a copy of any Order made by the Governor
in Council under section 9I of the
Corrections Act 1986; and
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(b) a copy of any written direction of the
Minister under section 9J of the Corrections
Act 1986 during that year together with a
statement of its response to the direction.
5 20. Review by Secretary
The Secretary to the Department of Justice must
cause a review to be made of the performance and
operations of the Authority and must provide his
or her report and recommendations arising from
10 that review to the Minister on or before 30 June
2001.
_______________
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Public Correctional Services Authority Act 1998
s. 21
Act No.
PART 4--TRANSITIONAL
21. Determination of staff to be transferred
The Minister administering the Corrections Act
1986 must designate in writing the persons who
5 are officers and employees appointed or employed
under the Public Sector Management Act 1992
for the purposes of the Corrections Act 1986,
who are to become employees of the Authority by
virtue of section 22.
10 22. Transfer of staff
(1) On and from the commencement of this section, a
person designated under section 21--
(a) is deemed to have been employed by the
Authority under clause 7(1) of Schedule 1;
15 and
(b) is entitled to be employed on terms and
conditions determined in accordance with
clause 7(2) of Schedule 1 that are no less
favourable than those on which he or she
20 was appointed or employed immediately
before that commencement; and
(c) retains any entitlement to long service leave,
annual leave, sick leave or maternity leave
accrued or accruing to that person
25 immediately before that commencement; and
(d) ceases to be an officer or employee
appointed or employed under the Public
Sector Management Act 1992.
(2) The service of a transferred employee as an
30 employee with the Authority is to be regarded for
all purposes as having been continuous with that
transferred employee's service as an officer or
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s. 23
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employee under the Public Sector Management
Act 1992.
(3) If a transferred employee was, immediately before
the commencement of this section, an officer
5 within the meaning of the State Superannuation
Act 1988, or a corresponding previous enactment,
he or she continues, subject to that Act, to be an
officer within the meaning of that Act while being
employed by the Authority.
10 23. Future terms and conditions of transferred employees
Nothing in section 22 prevents--
(a) any of the terms and conditions of
employment of a transferred employee from
being altered by or under any law, award or
15 agreement with effect from any time after the
commencement of that section; or
(b) a transferred employee from resigning, or the
termination of a transferred employee's
employment, at any time after that
20 commencement in accordance with the then
existing terms and conditions of the
transferred employee's employment by the
Authority.
24. Transitional provision--Functions and powers of
25 Governors, prison officers, etc.
(1) If a transferred employee was, immediately before
the commencement of section 22, appointed or
employed as a Governor, a prison officer, a
Regional Manager or a community corrections
30 officer (as the case may be), the transferred
employee is deemed to be authorised under
section 9M of the Corrections Act 1986 to
exercise all of the functions and powers of a
Governor, a prison officer, a Regional Manager or
35 a community corrections officer (as the case may
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be), under the Corrections Act 1986 or the
regulations made under that Act, or any other Act,
or the regulations made under any other Act.
(2) The Secretary, in accordance with section 9M(6)
5 or (7) of the Corrections Act 1986, may revoke
any authority deemed to be given to a transferred
employee under sub-section (1).
25. Exemption from police inquiry and report
Despite anything to the contrary in section 9N(1)
10 of the Corrections Act 1986, the Secretary is not
required to make a request under that section in
respect of a transferred employee.
_______________
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s. 26
Act No.
PART 5--AMENDMENT OF CORRECTIONS ACT 1986
26. Principal Act
No. 117/1986. In this Part, the Corrections Act 1986 is called
Reprint No. 3
the Principal Act.
as at 1 June
1997. Further
amended by
No. 65/1997.
5 27. Definitions
In section 3 of the Principal Act--
(a) the definitions of "community corrections
officer", "Governor", "medical officer",
"prison officer" and "Regional Manager" are
10 repealed;
(b) for the definition of "principal medical
officer" substitute--
' "principal medical officer" means a
registered medical practitioner
15 authorised by the Secretary under
section 12 to act as a principal medical
officer;';
(c) after the definition of "prison industry site"
insert--
20 ' "registered medical practitioner" means
a registered medical practitioner within
the meaning of the Medical Practice
Act 1994;'.
28. Interpretation
25 At the end of section 3 of the Principal Act
insert--
"(2) A reference in a provision of this Act or the
regulations, or in any other Act or the
regulations under that Act to--
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(a) a Governor; or
(b) a prison officer; or
(c) a Regional Manager; or
(d) a community corrections officer--
5 under this Act is deemed to be a reference to
a person authorised under section 9A or 9M
to exercise all or any of the functions or
powers of a Governor, a prison officer, a
Regional Manager or a community
10 corrections officer (as the case requires)
under that provision.".
29. Delegation
In section 8(1) of the Principal Act, after
paragraph (b) insert--
15 "; or
(c) under an Order under Part 2B--".
30. Repeal of section 9C
Section 9C of the Principal Act is repealed.
31. New Part inserted
20 After Part 2A of the Principal Act insert--
'PART 2B--ROLE OF PUBLIC
CORRECTIONAL SERVICES AUTHORITY
9H. Definitions
In this Part--
25 "Authority" means the Public Correctional
Services Authority established under
Part 2 of the Public Correctional
Services Authority Act 1998;
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s. 31
Act No.
"correctional services" does not include
any correctional services provided
under an agreement under section 8B or
9 of this Act.
5 9I. Orders conferring functions
(1) The Governor in Council may by Order
published in the Government Gazette--
(a) require the Authority to provide
specified correctional services; and
10 (b) specify any conditions that are to apply
to the provision of those correctional
services.
(2) An Order under sub-section (1) may contain
any provision leaving any matter to be
15 determined, approved or dispensed with by
the Secretary or the Commissioner.
(3) An Order under sub-section (1) may require
the Authority to report to the Secretary on its
operations under the Order at the times and
20 in the manner specified in the Order or the
times and in the manner determined by the
Secretary.
(4) The Governor in Council may at any time
amend or revoke any Order made under this
25 section.
9J. Directions of Minister
(1) The Minister may, from time to time, give
the Authority written directions in relation to
the performance of the functions or the
30 exercise of the powers of the Authority
under this Act or the regulations, or under
any other Act or the regulations under that
Act.
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(2) The Authority must comply with any
direction given under sub-section (1).
9K. Functions of Authority
In addition to any of its other functions, the
5 Authority has the functions conferred on it
by Order under this Part.
9L. Authority as administrator
Nothing in this Part prevents the
appointment of the Authority as an
10 administrator under section 8F.
9M. Authorisation of Authority staff
(1) The Secretary may, by instrument, authorise
the Authority or a person employed by the
Authority to exercise all or any of the
15 functions or powers under this Act or the
regulations or under any other Act or the
regulations under that Act of--
(a) the Secretary; or
(b) an officer within the meaning of Part 5;
20 or
(c) an officer within the meaning of Part 9.
(2) An authority may be given subject to any
conditions or limitations that are stated in it.
(3) The Authority or a person employed by it is
25 incapable of exercising any function or
power referred to in sub-section (1) except in
accordance with an authority given under
that sub-section.
(4) The Secretary may refuse to give an
30 authority to any person if he or she considers
that it is in the public interest not to give it.
(5) Without limiting sub-section (4), the
Secretary may refuse to give an authority--
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(a) to any person who has not undertaken a
relevant course of training or
instruction accredited by the Secretary
for the purposes of this Part; or
5 (b) to any person whom the Secretary
considers not to be a fit and proper
person to be so authorised for any
reason including criminal record,
character or educational standard.
10 (6) After giving the person a reasonable
opportunity to be heard, the Secretary may at
any time revoke an authority given by him or
her to that person if he or she considers that
it is in the public interest to do so.
15 (7) Without limiting sub-section (6), the
Secretary may revoke an authority given by
him or her if--
(a) in the opinion of the Secretary it ought
not to have been given having regard to
20 sub-sections (4) and (5); or
(b) the person has failed to comply with
any provision of this Act or the
regulations or with any direction given
to him or her under this Act or the
25 regulations.
9N. Police inquiry and report
(1) Before the Secretary authorises under section
9M(1) a person employed by the Authority
to exercise any functions or powers, the
30 Secretary must request the Chief
Commissioner of Police to inquire into and
report to him or her on the character, honesty
and integrity of that person.
(2) The Chief Commissioner of Police must
35 cause appropriate enquiries to be made in
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response to a request made under sub-section
(1) and report the results of those enquiries
to the Secretary.
9O. Appointment of monitors
5 (1) Subject to the Public Sector Management
Act 1992, there may be appointed such
monitors as are necessary for the purposes of
this Part.
(2) Monitors appointed for the purposes of this
10 Part are responsible to the Secretary for
assessment and review of the provision of
correctional services by the Authority under
this Part and have any other functions that
may be prescribed or specified by the
15 Secretary.
(3) A monitor referred to in sub-section (2) must
make an annual report in writing to the
Secretary on his or her operations. That
report is to form part of the Department's
20 annual report under the Financial
Management Act 1994.
(4) The Authority must give a monitor free and
unfettered access at all times--
(a) to all premises, places or vehicles under
25 the management or control of the
Authority in accordance with an Order
made under this Part and to all persons
detained or employed there; and
(b) to all documents in the possession of
30 the Authority as a provider of services
under this Act.
9P. Minimum standards
(1) The Secretary must cause a written statement
to be prepared setting out minimum
35 standards in relation to the provision of
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correctional services by the Authority under
an Order made under section 9I.
(2) The Secretary may from time to time amend
the statement prepared by him or her.
5 (3) The Authority must comply with any
standards applying to it under this section.'.
32. Section 12 substituted
For section 12 of the Principal Act substitute--
"12. Principal medical officers
10 The Secretary may, by instrument, authorise
a registered medical practitioner, nominated
by the Secretary to the Department of
Human Services, to act as a principal
medical officer for the purposes of this Act.".
15 33. Repeal of section 16
Section 16 of the Principal Act is repealed.
34. Photographing and fingerprinting
In section 28 of the Principal Act, for "an officer"
(wherever occurring) substitute "a prison
20 officer".
35. Secrecy
(1) In section 30(1) of the Principal Act, in the
definition of "confidential information", for
paragraph (g) substitute--
25 "(g) information concerning the investigation of a
breach or possible breach of the law by--
(i) a prisoner; or
(ii) an officer within the meaning of Part 5;
or
30 (iii) a person authorised under section 9A or
9M to exercise functions or powers;
or".
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(2) In section 30(1) of the Principal Act, in the
definition of "position"--
(a) in paragraph (c), omit "or a medical officer";
(b) in paragraph (d), after "9A" insert "or 9M".
5 36. Search
In section 45(1) of the Principal Act, for
paragraph (b) substitute--
"(b) search and examine--
(i) a prisoner; or
10 (ii) a visitor to the prison (except a judge of
the Supreme Court or County Court, or
a magistrate); or
(iii) an officer within the meaning of Part 5;
or
15 (iv) a person authorised under section 9A or
9M to exercise functions or powers; or
(v) any other person in the prison; or".
37. Prisoners rights
In section 47(1)(g) of the Principal Act, for "the
20 medical officer" substitute "a registered medical
practitioner".
38. Prison offences
(1) In section 50(1) of the Principal Act--
(a) after "an officer" insert "within the meaning
25 of Part 5";
(b) for "the officer" substitute ", he or she".
(2) In section 50(2) of the Principal Act, for
"officer's" substitute "disciplinary officer's".
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39. Transfer by Secretary
In section 56(3) of the Principal Act--
(a) for "other officer" substitute "any other
person";
5 (b) for "person" substitute "prisoner".
40. New section inserted
After section 62 of the Principal Act insert--
"62A. Appointment of the Secretary to the Adult
Parole Board
10 (1) Subject to the Public Sector Management
Act 1992 there may be appointed a Secretary
to the Adult Parole Board.
(2) Any person who, immediately before the
commencement of section 40 of the Public
15 Correctional Services Authority Act 1998,
held the position of Secretary to the Adult
Parole Board continues subject to the Public
Sector Management Act 1992 to hold that
position for the purposes of this Act.".
20 41. Section 70 substituted
For section 70 of the Principal Act substitute--
"70. Assistance to the Board
The Secretary must provide such assistance
as is required by the Board for--
25 (a) the supervision of persons released on
parole; and
(b) the performance of the Board's other
functions.".
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42. Reports
In section 72(7) of the Principal Act, for "an
officer in the Office of Corrections" substitute
"the Secretary or a Governor of a prison".
5 _______________
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Public Correctional Services Authority Act 1998
s. 43
Act No.
PART 6--MISCELLANEOUS
43. Amendment of Borrowing and Investment Powers Act
1987
In Schedule 1 to the Borrowing and Investment
5 Powers Act 1987, after item 16 insert--
"17 Public 5, 8, 10, 11, 12, 14, 20, and
Correctional 21".
Services
Authority
__________________
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Public Correctional Services Authority Act 1998
Sch. 1
Act No.
SCHEDULE 1
PROVISIONS APPLYING TO AUTHORITY
1. Board of directors
(1) There shall be a board of directors of the Authority
5 consisting of a not less than 5, and not more than 7 directors
appointed in accordance with this Schedule.
(2) The board of directors of the Authority--
(a) is responsible for the management of the affairs of the
Authority; and
10 (b) may exercise the powers of the Authority.
2. Constitution of board
The board of the Authority shall consist of--
(a) a chairperson;
(b) a deputy chairperson;
15 (c) subject to clause 1, such number of other directors as
are appointed by the Governor in Council in
accordance with this Schedule.
3. Appointment of directors
(1) The chairperson, deputy chairperson and other directors of
20 the Authority shall be appointed by the Governor in Council
on the recommendation of the Minister.
(2) The persons recommended for appointment must be persons
with appropriate commercial, managerial or correctional
services expertise.
25 (3) The Public Sector Management Act 1992 does not apply
to a director of the Authority in respect of the office of
director.
4. Terms and conditions of appointment
(1) A director of the Authority shall be appointed for such term,
30 not exceeding 3 years, as is specified in the instrument of
appointment, but is eligible for re-appointment.
(2) A director of the Authority holds office, subject to this Act,
on such terms and conditions (including remuneration) as
are determined by the Minister.
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Act No.
5. Acting appointments
(1) When--
(a) the office of chairperson of the board of the Authority
is vacant; or
5 (b) the chairperson of the board of the Authority is absent
from Victoria or is, for any reason, unable to attend
meetings of the board or otherwise unable to perform
the duties of the office--
the deputy chairperson of the board must act as chairperson.
10 (2) While the deputy chairperson of the board of the Authority
is acting as chairperson, the deputy chairperson has and may
exercise all the powers, and must perform all the duties of
the chairperson.
(3) The Minister may appoint a director of the Authority to act
15 as deputy chairperson of the board of the Authority--
(a) during a vacancy in the office of deputy chairperson;
or
(b) during any period, or during all periods, when the
deputy chairperson is acting as chairperson or is
20 unable, for any reason, to attend meetings of the
board.
(4) The Governor in Council may appoint a person to act as a
director (other than the chairperson or deputy chairperson)
of the Authority--
25 (a) during a vacancy in the office of such a director; or
(b) during any period, or during all periods, when such a
director is acting as deputy chairperson or is unable,
for any reason, to attend meetings of the board.
6. Chief executive officer
30 (1) The Authority, with the approval of the Minister, may
appoint a person as the chief executive officer of the
Authority.
(2) The chief executive officer of the Authority holds office on
a full-time basis and on such terms and conditions as are
35 determined by the Authority, with the approval of the
Minister, and specified in the instrument of appointment.
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(3) The Authority, with the approval of the Minister, may
remove the chief executive officer of the Authority from
office.
(4) Subject to the directions of the board, the chief executive
5 officer is responsible for the day to day management and
control of the affairs of the Authority.
7. Staff
(1) The Authority may employ such employees as are necessary
for the performance of its functions.
10 (2) The terms and conditions of employment of employees of
the Authority are as determined by the Authority in
accordance with any guidelines from time to time specified
by the Minister.
8. Vacancies, resignations, removal from office
15 (1) The office of a director of the Authority becomes vacant if
the director--
(a) without the board's approval, fails to attend 3
consecutive meetings of the board; or
(b) becomes bankrupt, applies to take the benefit of any
20 law for the relief of bankrupt or insolvent debtors,
compounds with his or her creditors or makes an
assignment of his or her remuneration for their
benefit; or
(c) is convicted of an indictable offence or an offence
25 which, if committed in Victoria, would be an
indictable offence.
(2) A director of the Authority may resign by writing delivered
to the Minister.
(3) The Governor in Council may remove a director, or all
30 directors, of the Authority from office.
(4) If a director of the Authority--
(a) is convicted of an offence relating to his or her duties
as a director; or
(b) fails, without reasonable excuse, to comply with
35 clause 12--
the director must be removed from office by the Governor
in Council.
9. Validity of decisions
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(1) An act or decision of the board of the Authority is not
invalid merely because of--
(a) a defect or irregularity in, or in connection with, the
appointment of a director of the Authority; or
5 (b) a vacancy in the membership of the board, including a
vacancy arising from the failure to appoint an original
director.
(2) Anything done by or in relation to a person purporting to act
as chairperson, deputy chairperson or as a director is not
10 invalid merely because--
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in relation to the
appointment; or
(c) the appointment had ceased to have effect; or
15 (d) the occasion for the person to act had not arisen or
had ceased.
10. Proceedings of board
(1) Subject to sub-clauses (2) and (3), meetings of the board of
the Authority shall be held at such times and places as the
20 chairperson determines.
(2) The board must meet at least 9 times in each calendar year.
(3) The chairperson of the Authority may at any time convene a
meeting but must do so when requested by a director of the
Authority.
25 (4) If a meeting is requested by a director, the chairperson of
the Authority must cause written notice of the meeting,
setting out the purpose of the meeting, to be sent at least
5 business days prior to the date of the meeting, to all
directors.
30 (5) The chairperson, or in the absence of the chairperson, the
deputy chairperson must preside at a meeting of the
Authority at which he or she is present.
(6) If neither the chairperson nor the deputy chairperson is
present at a meeting, the members present may elect one of
35 their number to preside at the meeting.
(7) A majority of the directors for the time being of the
Authority constitute a quorum of the board of the Authority.
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Act No.
(8) A question arising at a meeting of the board of the Authority
shall be determined by a majority of votes of directors of the
Authority present and voting on that question and, if voting
is equal, the person presiding has a casting, as well as a
5 deliberative, vote.
(9) The board of the Authority must ensure that minutes are
kept of each of its meetings.
(10) Subject to this Act, the board of the Authority may regulate
its own proceedings.
10 11. Resolutions without meetings
(1) If--
(a) the Authority has taken reasonable steps to give
notice to each director setting out the terms of a
proposed resolution; and
15 (b) a majority of directors for the time being of the board
sign a document containing a statement that they are
in favour of the resolution in the terms set out in the
document--
a resolution in those terms is deemed to have been passed at
20 a meeting of the board held on the day on which the
document is signed or, if the directors referred to in
paragraph (b) do not sign it on the same day, on the day on
which the last of those directors signs the document.
(2) For the purposes of sub-clause (1), 2 or more separate
25 documents containing a statement in identical terms, each of
which is signed by one or more directors, are deemed to
constitute one document.
(3) If a resolution is deemed by this clause to have been passed
at a meeting of the board, each member must as soon as
30 practicable be advised of the matter and be given a copy of
the resolution.
(4) The majority of directors referred to in sub-clause (1)(b)
must not include a director who, because of clause 12, is not
entitled to vote on the resolution.
35 12. Disclosure of interests
(1) If--
(a) a director of the Authority has a direct or indirect
pecuniary interest in a matter being considered, or
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Act No.
about to be considered, by the board of the Authority;
and
(b) the interest could conflict with the proper
performance of the director's duties in relation to the
5 consideration of the matter--
the director, as soon as practicable after the relevant facts
come to the director's knowledge, must disclose the nature
of the interest at a meeting of the board.
(2) A disclosure under sub-clause (1) must be recorded in the
10 minutes of the meeting and, unless the Minister or the board
otherwise determines, the director--
(a) must not be present during any deliberation of the
board in relation to the matter; and
(b) must not take part in any decision of the board in
15 relation to the matter.
(3) For the purpose of the making of a determination by the
board of the Authority under sub-clause (2) in relation to a
director who has made a disclosure under sub-clause (1), a
director who has a direct or indirect pecuniary interest in the
20 matter to which the disclosure relates--
(a) must not be present during any deliberation of the
board for the purpose of making the determination;
and
(b) must not take part in the making by the board of the
25 determination.
13. Committees
(1) The board may--
(a) establish any committees it considers necessary and
define the constitution and functions of each
30 committee so established;
(b) determine the procedure of each committee;
(c) change the constitution or functions of a committee;
(d) dissolve a committee.
(2) A person may be a member of a committee established by
35 the board even though he or she is not a member of the
board.
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Act No.
(3) A member of a committee established by the board is
entitled to receive any fees or travelling or other expenses
determined by the board.
5
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Public Correctional Services Authority Act 1998
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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