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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Prisoners (Interstate Transfer) (Amendment) Act
2005
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY MATTERS 1
1. Purpose 1
2. Commencement 2
PART 2--AMENDMENTS TO THE PRISONERS (INTERSTATE
TRANSFER) ACT 1983 3
3. Insertion of section 10A 3
10A. Matters to which Minister may have regard 3
4. Consequential amendments 3
5. Transfers back 4
PART 3--AMENDMENTS TO THE CORRECTIONS ACT 1986 5
6. Revised immunity provision for Adult Parole Board members 5
7. Cancellation of parole 6
8. Clarification of power of Regional Manager to use force 6
9. Insertion of Part 9B 7
PART 9B--PROVISIONS CONCERNING MONITORED
SERIOUS SEX OFFENDERS 7
Division 1--Preliminary Matters 7
104E. Definitions 7
Division 2--Monitored People at Community Corrections
Centres 7
104F. Application of this Division 7
104G. Obligations of the officer in charge of the centre 7
104H. Monitored person must comply with certain directions 8
104I. Officers may use force to enforce directions in certain
circumstances 8
104J. Officers to give reports if required 9
104K. Photographing 9
i
551359B.I1-3/10/2005 BILL LA INTRODUCTION 3/10/2005
Clause Page
Division 3--Provisions Applying to Monitored People
Receiving Visits From Officers 10
104L. Application of this Division 10
104M. Officers to give reports if required 10
Division 4--Obligations of Regional Managers 10
104N. Regional Manager to ensure that officers have access
to certain information 10
ENDNOTES 12
ii
551359B.I1-3/10/2005 BILL LA INTRODUCTION 3/10/2005
PARLIAMENT OF VICTORIA
A BILL
to amend the Prisoners (Interstate Transfer) Act 1983 and the
Corrections Act 1986 and for other purposes.
Prisoners (Interstate Transfer)
(Amendment) Act 2005
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY MATTERS
1. Purpose
The purpose of this Act is--
(a) to amend the Prisoners (Interstate
Transfer) Act 1983 to clarify and expand
5
the grounds to be considered by the Minister
in assessing requests by prisoners to be
transferred to or from Victoria; and
1
551359B.I1-3/10/2005 BILL LA INTRODUCTION 3/10/2005
Prisoners (Interstate Transfer) (Amendment) Act 2005
Act No.
Part 1--Preliminary Matters
s. 2
(b) to amend the Corrections Act 1986--
(i) to make provision in relation to people
on extended supervision orders under
the Serious Sex Offenders Monitoring
Act 2005 who are directed to attend at
5
community corrections centres, or to
receive visits from officers, for the
purposes of that Act; and
(ii) to improve the administration of that
Act.
10
2. Commencement
(1) This Act, other than Part 2 and section 7(1),
comes into operation on the day after the day on
which it receives the Royal Assent.
(2) Part 2 comes into operation on 1 February 2006.
15
(3) Section 7(1) comes into operation on a day to be
proclaimed.
(4) If section 7(1) does not come into operation
before 28 February 2006, it comes into operation
on that day.
20
__________________
2
551359B.I1-3/10/2005 BILL LA INTRODUCTION 3/10/2005
Prisoners (Interstate Transfer) (Amendment) Act 2005
Act No.
Part 2--Amendments to the Prisoners (Interstate Transfer) Act 1983
s. 3
See:
PART 2--AMENDMENTS TO THE PRISONERS
Act No.
(INTERSTATE TRANSFER) ACT 1983 9881.
Reprint No. 2
as at
3. Insertion of section 10A 5 September
1997
After section 10 of the Prisoners (Interstate and
Transfer) Act 1983 insert--
5 amending
Act Nos
"10A. Matters to which Minister may have 67/1998 and
18/2005.
regard LawToday:
www.dms.
In forming an opinion or exercising a dpc.vic.
gov.au
discretion under this Part, the Minister may
have regard to any one or more of the
10
following--
(a) the welfare of the prisoner concerned;
(b) the administration of justice in this or
any other State;
(c) the security and good order of any
15
prison in this or any other State;
(d) the safe custody of the prisoner;
(e) the protection of the community in this
or any other State;
(f) any other matter the Minister considers
20
relevant.".
4. Consequential amendments
In the Prisoners (Interstate Transfer)
Act 1983--
(a) in the heading to Part II, for "FOR
25
PRISONER'S WELFARE" substitute
"AT REQUEST OF PRISONER";
(b) in sections 7(1)(b), 7(3)(b), 7(5)(b), 7(5A)(b)
and 7(5B)(b) omit "in the interests of the
welfare of the prisoner";
30
3
551359B.I1-3/10/2005 BILL LA INTRODUCTION 3/10/2005
Prisoners (Interstate Transfer) (Amendment) Act 2005
Act No.
Part 2--Amendments to the Prisoners (Interstate Transfer) Act 1983
s. 5
(c) in section 11(1), for "may have regard"
substitute "by reference".
5. Transfers back
(1) In section 23(1)(a) of the Prisoners (Interstate
Transfer) Act 1983 omit "it is in the interests of
5
the welfare of the person that".
(2) After section 23(1) of the Prisoners (Interstate
Transfer) Act 1983 insert--
"(1A) In forming an opinion or exercising a
discretion under this Part, the Minister may
10
have regard to any one or more of the
following--
(a) the welfare of the person concerned;
(b) the administration of justice in this or
any other State;
15
(c) the security and good order of any
prison in this or any other State;
(d) the safe custody of the person;
(e) the protection of the community in this
or any other State;
20
(f) any other matter the Minister considers
relevant.".
__________________
4
551359B.I1-3/10/2005 BILL LA INTRODUCTION 3/10/2005
Prisoners (Interstate Transfer) (Amendment) Act 2005
Act No.
Part 3--Amendments to the Corrections Act 1986
s. 6
See:
PART 3--AMENDMENTS TO THE CORRECTIONS ACT 1986 Act No.
117/1986.
Reprint No. 5
6. Revised immunity provision for Adult Parole Board as at
members 1 January
2004
For section 69(3) of the Corrections Act 1986 and
amending
substitute--
5 Act Nos
11/1993,
"(3) A member of the Board is not personally 53/2003,
14/2004,
liable for anything done or omitted to be 74/2004,
done in good faith-- 97/2004,
108/2004,
(a) in relation to any function referred to in 1/2005,
2/2005 and
sub-section (1), or in exercising any
10 18/2005.
power in relation to such a function; or LawToday:
www.dms.
(b) in the reasonable belief that the act or dpc.vic.
gov.au
omission related to the function, or was
in the exercise of the power.
(4) Any liability resulting from an act or
15
omission that would, but for sub-section (3),
attach to the member of the Board attaches
instead to the Board.
(5) Sub-sections (3) and (4) are deemed to apply
in respect of anything done, or not done, in
20
good faith before the commencement of
section 6 of the Prisoners (Interstate
Transfer) (Amendment) Act 2005 by a
member, or former member, of the Board, in
his or her capacity as a member of the Board,
25
in respect of any of his or her functions
under--
(a) the Community Welfare Services
Act 1970 or the Community Services
Act 1970; and
30
(b) Division 10 of Part 4 of the Children
and Young Persons Act 1989; and
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551359B.I1-3/10/2005 BILL LA INTRODUCTION 3/10/2005
Prisoners (Interstate Transfer) (Amendment) Act 2005
Act No.
Part 3--Amendments to the Corrections Act 1986
s. 7
(c) Subdivision (1A) or (1D) of Division 2
of Part 3 of the Sentencing Act 1991;
and
(d) the Serious Sex Offenders Monitoring
Act 2005.".
5
7. Cancellation of parole
(1) In section 77(5) of the Corrections Act 1986, for
"an offence" substitute "one or more offences".
(2) For section 77(7)(b) of the Corrections Act 1986
substitute--
10
"(b) any period during which the parole order was
in force is not to be regarded as time served
in respect of the prison sentence unless sub-
section (7A) applies.".
(3) After section 77(7) of the Corrections Act 1986
15
insert--
"(7A) The Board may direct that some or all of the
period during which a parole order that has
been cancelled, or deemed to be cancelled,
was in force is to be regarded as time served
20
in respect of the prison sentence.".
8. Clarification of power of Regional Manager to use
force
In section 90(7) of the Corrections Act 1986--
(a) before "community" insert "Regional
25
Manager or a";
(b) for "the officer" substitute "he or she".
6
551359B.I1-3/10/2005 BILL LA INTRODUCTION 3/10/2005
Prisoners (Interstate Transfer) (Amendment) Act 2005
Act No.
Part 3--Amendments to the Corrections Act 1986
s. 9
9. Insertion of Part 9B
After Part 9A of the Corrections Act 1986
insert--
'PART 9B--PROVISIONS CONCERNING
MONITORED SERIOUS SEX OFFENDERS
5
Division 1--Preliminary Matters
104E. Definitions
In this Part--
"monitored person" means a person who is
subject to an extended supervision
10
order under the Serious Sex Offenders
Monitoring Act 2005;
"officer" has the same meaning as in
section 85.
Division 2--Monitored People at Community
15
Corrections Centres
104F. Application of this Division
This Division applies if the Secretary, acting
under section 16(1) of the Serious Sex
Offenders Monitoring Act 2005, instructs
20
or directs a monitored person to attend a
community corrections centre for the
purposes of that Act.
104G. Obligations of the officer in charge of the
centre
25
The officer in charge of the community
corrections centre must take all reasonable
steps for the security and management of,
and the safety and welfare of, the monitored
person at the centre.
30
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551359B.I1-3/10/2005 BILL LA INTRODUCTION 3/10/2005
Prisoners (Interstate Transfer) (Amendment) Act 2005
Act No.
Part 3--Amendments to the Corrections Act 1986
s. 9
104H. Monitored person must comply with
certain directions
While at the community corrections centre,
the monitored person must comply with any
direction given by an officer that is necessary
5
for the management, good order or security
of the centre.
Penalty: 5 penalty units.
104I. Officers may use force to enforce
directions in certain circumstances
10
(1) The Regional Manager or a community
corrections officer may use reasonable force
to compel the monitored person, while at the
community corrections centre, to obey a
direction if he or she believes on reasonable
15
grounds that the use of force is necessary--
(a) to prevent the person or another person
being killed or seriously injured; or
(b) to prevent serious damage to property.
(2) If a community corrections officer uses force
20
to compel the person to obey a direction, he
or she must report that fact to his or her
Regional Manager as soon as possible.
(3) The Regional Manager must as soon as
possible report to the Secretary--
25
(a) the use of force by the Regional
Manager to compel the monitored
person to obey a direction; and
(b) any use of force by a community
corrections officer to compel the
30
monitored person to obey a direction
that has been reported to the Regional
Manager.
8
551359B.I1-3/10/2005 BILL LA INTRODUCTION 3/10/2005
Prisoners (Interstate Transfer) (Amendment) Act 2005
Act No.
Part 3--Amendments to the Corrections Act 1986
s. 9
104J. Officers to give reports if required
(1) An officer must, when required by the
Secretary--
(a) report to a court concerning the
monitored person; and
5
(b) report to the Adult Parole Board
concerning the person.
(2) In relation to officers within the meaning of
paragraph (e) of the definition of "officer" in
section 85, sub-section (1) applies as if it
10
only referred to reports concerning the
monitored person that relate to the security
of the centre.
104K. Photographing
(1) While the monitored person is at a
15
community corrections centre, an officer
may at any time take photographs of the
person for the purposes of identifying the
person, or of completing records concerning
the person.
20
(2) An officer may give to the person all
necessary directions to ensure the taking of
accurate photographs.
(3) Any direction given under sub-section (2) is
deemed to be, for the purposes of section
25
15(3) of the Serious Sex Offenders
Monitoring Act 2005, a lawful direction of
the Secretary under section 16(1) of that Act.
9
551359B.I1-3/10/2005 BILL LA INTRODUCTION 3/10/2005
Prisoners (Interstate Transfer) (Amendment) Act 2005
Act No.
Part 3--Amendments to the Corrections Act 1986
s. 9
Division 3--Provisions Applying to Monitored
People Receiving Visits From Officers
104L. Application of this Division
This Division applies if the Secretary, acting
under section 16(1) of the Serious Sex
5
Offenders Monitoring Act 2005, instructs
or directs a monitored person to receive
visits from an officer for the purposes of that
Act.
104M. Officers to give reports if required
10
(1) The officer must, when required by the
Secretary--
(a) report to a court concerning the
monitored person; and
(b) report to the Adult Parole Board
15
concerning the person.
(2) Sub-section (1) does not apply to officers
within the meaning of paragraph (e) of the
definition of "officer" in section 85.
Division 4--Obligations of Regional Managers
20
104N. Regional Manager to ensure that officers
have access to certain information
(1) The Regional Manager of a region must take
reasonable steps to ensure that officers
working in the region have access to
25
information as to what their powers and
duties are under, and as to what provision is
made by or under, this Act and the Serious
Sex Offenders Monitoring Act 2005
concerning monitored people to whom this
30
Part applies.
10
551359B.I1-3/10/2005 BILL LA INTRODUCTION 3/10/2005
Prisoners (Interstate Transfer) (Amendment) Act 2005
Act No.
Part 3--Amendments to the Corrections Act 1986
s. 9
(2) The Regional Manager of a region must give
all necessary directions to ensure that
officers working in, or assigned to, the
region comply with this Act, the regulations
and the Serious Sex Offenders Monitoring
5
Act 2005 in relation to the monitored people
to whom this Part applies.
(3) In this section, "region" means an area, or
several areas, designated under Part 9 as a
region.'.
10
11
551359B.I1-3/10/2005 BILL LA INTRODUCTION 3/10/2005
Prisoners (Interstate Transfer) (Amendment) Act 2005
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
12
551359B.I1-3/10/2005 BILL LA INTRODUCTION 3/10/2005
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