CORRECTIONS ACT 1986

Victorian Consolidated Legislation

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CORRECTIONS ACT 1986

No. 117 of 1986
Version incorporating amendments as at 1 January 2010

TABLE OF PROVISIONS

Section Page

PART 1-PRELIMINARY

1. Purposes
2. Commencement
3. Definitions
4. References to prisons to include transition centres
5. Act to bind Crown

PART 1A-LEGAL CUSTODY

6. Order of imprisonment
6A. When is a person in the legal custody of the Secretary?
6B. When does legal custody of the Secretary cease?
6C. Persons not regarded to be in the Secretary's legal custody
6D. When is a person in the legal custody of the Chief Commissioner of Police?
6E. When does legal custody of the Chief Commissioner cease?
6F. Powers of court or tribunal not to be affected

PART 2-ADMINISTRATION

7. Functions of Secretary
8. Delegation
8A. Commissioner

PART 2A-ENGAGEMENT OF CONTRACTORS

Division 1-Correctional services agreements

8B. Minister may enter into correctional services agreements
8C. Matters to be included in agreement
8D. Agreement to run with land
8E. Rights of access
8F. Emergency powers
8G. Building work

Division 2-Management agreements

9. Management agreements

Division 3-Agreements with the Chief Commissioner of Police

9AA. Agreements with the Chief Commissioner
9AB. Matters to be included in agreement
9AC. Rights of access

Division 4-General provisions relating to agreements

9A. Authorisation of certain staff
9B. Police inquiry and report
9C. Status of staff
9CA. Staff-police gaols
9CAA. Transport functions
9CB. Use of reasonable force by staff-police gaols
9D. Employment of monitors
9E. Minimum standards
9F. Application of FOI
9G. Investigation of administrative actions

PART 3-PRISONS AND POLICE GAOLS

10. Establishment of prisons
11. Police gaols
11A. Establishment of transition centres

PART 4-OFFICERS

12. Employment under the Public Administration Act
13. Volunteers

PART 5-PRISON OFFICERS AND OTHER OFFICERS WORKING IN PRISONS

Division 1-General

14. Definitions

Division 2-Work

15. Authorized persons may act as prison officers
16. Secretary may authorize medical practitioner to act as medical officer
17. Powers of Secretary
18. Prison officer subject to direction of principal of training institutions
19. Officers subject to certain directions
20. Duties relating to security and welfare
21. Duties of Governor
22. Reports to Governor
22A. Powers of Governor
23. Control of prisoners

PART 6-MANAGEMENT AND ADMINISTRATION OF PRISONS

Division 1-Management and security of prisons

24. Delegation by Governor
25. Secretary may nominate person to act as Governor
26. Management of prisons in Governor's temporary absence
27. Dogs
28. Photographing and fingerprinting
29. Medical tests and samples
29A. Prisoners may be tested for drug or alcohol use
30. Secrecy
30A. Victim may be given certain information about a prisoner
30B. Application to be included on victims register
30C. Inclusion on the victims register
30D. Secretary may refuse to include nominee details for person included on victims register
30E. Annual report
30F. Secretary may prepare guidelines
30G. Release of information to "family members"
30H. Confidentiality of information
30I. Offence to publish information disclosed under section 30A in electronic or print media
31. Children
31. Repealed
32. Offences relating to prison security

Division 2-Access to prisons

33. Definitions
34. Visits by judges or magistrates
35. Appointment of official visitors
36. Secrecy
37. Visits by relatives or friends
38. Contact visiting and residential visiting
39. Exclusion of visitors for security reasons
40. Visits by lawyers and their assistants
41. Visits by the police
42. Visitors to give prescribed information
43. Governor may refuse or terminate visits for security reasons

Division 3-Search and seizure

44. Formal searches
45. Search
46. Seizure

Division 4-Prisoners rights

47. Prisoners rights

Division 4A-Letters to and from prisoners

47AA. Definitions
47A. Suspected dangerous letters may be disposed of
47B. Certain confidential letters may be inspected
47C. All other letters may be opened and read
47D. When letters may be stopped and censored
47DA. Offence for prisoner to send distressing or traumatic
letters
47E. Letter register

Division 5-Change of name applications by prisoners

47F. Application
47G. Definitions
47H. Applications for change of name by or on behalf of a prisoner
47I. Approval by Secretary
47J. Approval to be notified in writing
47K. Registration of change of name
47L. Registrar may correct Register

PART 7-PRISON DISCIPLINE

48. Definitions
49. Disciplinary officers
50. Prison offences
51. Governor's action where charge laid
52. Secretary may nominate Governor to hear charge
53. Governor's hearing
54. Repealed
54A. Power of Secretary to withdraw privileges

PART 8-TEMPORARY ABSENCE FROM PRISON

Division 1-Definitions

55. Definitions

Division 1A-Escort officers

55A. Powers of Secretary in relation to escort officers
55B. Escort officers subject to direction of court or tribunal
55C. Functions and powers of escort officers in relation to prisoners
55D. Authorisation of instruments of restraint
55E. Use of reasonable force
55F. Report to Secretary
55G. Functions and powers of escort officers in relation to persons surrendering to court
55H. How are things seized by an escort officer to be dealt with?
55I. Powers of members of police force
55J. Additional powers of escort officers

Division 2-Transfer of prisoners

56. Transfers between prisons
56AA. Transfers to and from police gaols
56AB. Legal custody of prisoners and detainees transferred to institutions and approved mental health services
56AC. Transfers to and from transition centres

Division 2A-Absence to give evidence at foreign proceedings

56A. Arrangements with Commonwealth

Division 3-Custodial community permits

57. Custodial community permits
57A. Corrections administration permit
57B. Rehabilitation and transition permit
57C. Fine default permit
57D. Provisions applying to all custodial community permits
58. Breach of custodial community permit
58A. Powers of Secretary with respect to custodial community
permits
58B. Visitors to give prescribed information
58C. Governor may refuse or terminate visits for security reasons
58D. Offence to give item to prisoner

Division 3A-Emergency management days

58E. Emergency management days

Division 4-Home detention orders

59. Home detention order
60. Order must not be made if other residents object
60A. Home detention not available for certain offences
60B. Suitability of prisoner for home detention
60C. Evidence of home detention order
60D. Assessment for home detention
60E. Contents of home detention assessment report
60F. Disclosure of information
60G. Medical examination of prisoner
60H. Undertaking by prisoner
60I. Obligations of offender
60J. Core conditions governing home detention
60K. Special conditions
60L. Withdrawal of consent
60M. Revocation of order on application by offender or Secretary
60N. Alleged breach of a home detention order
60O. Sanctions for minor breaches
60P. Serious breach of home detention order
60Q. Board may require offender to appear before it
60R. Decision of Board
60S. Effect of revocation of home detention order
60T. Re-hearing of revocation made in absence of offender
60U. Reconsideration of revocation if approved residence
available
60V. Revocation of order by court
60W. Expiry of home detention order
60X. Service of notices on offender

Division 5-Parole

61. Establishment of Board
62. Deputy members
63. Terms of office
64. Divisions
64A. Detention and Supervision Order division
65. Chairperson
66. Meetings
67. Secretary of the Board or member may act on behalf of Board
68. Evidentiary
69. Functions of Board
70. Secretary to supply assistance to Board
71. Powers to take evidence etc.
72. Reports
73. Officers subject to Board's directions
74. Release on parole after service of non-parole period
74A. Victim submissions
74B. How does the Board deal with victim submissions?
75. Young offenders-sentence and non-parole period
76. Persons on parole deemed still under sentence
77. Cancellation of parole
78. Prisoners may be released on parole more than once

Division 6-Change of name applications by prisoners released on parole

79. Application of Division
79A. Definitions
79B. Applications for change of name by or on behalf of a prisoner on parole
79C. Approval by Board
79D. Approval to be notified in writing
79E. Registration of change of name
79F. Registrar may correct Register
79G. Lapse of application on cancellation of parole
79H. Information-sharing between the Secretary and the Victorian Registrar

Division 7-Warrants

79I. Execution of warrants
79J. Recall and cancellation of warrants
79K. Duplicate warrants

PART 8A-INTERSTATE LEAVE OF ABSENCE FOR PRISONERS

80. Definitions
81. Interstate laws
82. Custodial interstate community permit
83. Effect of permit
84. Variation or revocation of permit
84A. Breach of permit
84B. Notice to participating State and transit States
84C. Effect of permit issued under interstate law
84D. Apprehension of prisoner who escapes or fails to return etc.
84E. Escape from custody-penalty
84EA. Liability for prisoners on leave

PART 8B-PRISON INDUSTRIES

Division 1-Prison industry sites and prison industries

84F. Appointment of prison industry sites
84G. Secretary may carry on business for prison industries
84H. Secretary may direct prisoners and offenders to work

Division 2-Repealed

84I-84P. Repealed

PART 9-COMMUNITY CORRECTIONS

Division 1-Definitions

85. Definitions

Division 2-Establishment of community corrections centres and regional centres

86. Community corrections centres
87. Regions
88. Regional centres

Division 3-Officers

89. Officers subject to Regional Manager's directions
90. Powers and duties of officers
91. Disclosure of information
92. Additional duties of Regional Manager

Division 4-Discipline of offenders

93. Additional directions by community corrections officers
94. Regional Manager may deal with acts of misconduct

Division 5-Community corrections programmes

95. Approval of community corrections programmes

Division 6-Management and administration of locations

96. Officer subject to directions of Principal of training
institution
97. Secretary may nominate person to act as Regional Manager
98. Management of region in Regional Manager's temporary
absence
99. Photographing
100. Search
101. Seizure
102. Delegation
103. Access to community corrections centres and locations
104. Offender subject to Secretary's directions

PART 9A-SEARCH AND SEIZURE IN POLICE GAOLS

104A. Definitions
104B. Formal searches in police gaols
104C. Search powers
104D. Seizure

PART 9B-PROVISIONS CONCERNING MONITORED SERIOUS SEX OFFENDERS

Division 1-Preliminary matters

104E. Definitions

Division 2-Monitored people at community corrections centres

104F. Application of this Division
104G. Obligations of the officer in charge of the centre
104H. Monitored person must comply with certain directions
104I. Officers may use force to enforce directions in certain circumstances
104J. Officers to give reports if required
104K. Photographing

Division 3-Provisions applying to monitored people receiving visits from officers

104L. Application of this Division
104M. Officers to give reports if required

Division 4-Obligations of regional managers

104N. Regional Manager to ensure that officers have access to certain information

PART 9C-PRISONER COMPENSATION QUARANTINE
FUNDS

Division 1-Introductory

104O. Definitions
104P. Application
104Q. Meaning of criminal act
104R. Meaning of victim

Division 2-Awards of damages to prisoners

104S. Agreements must be approved by court
104T. Determination of amounts for medical and legal costs
104U. Matters to be considered by court

Division 3-Payment of money to prisoner compensation quarantine fund

104V. Damages awarded to prisoner to be paid to prisoner compensation quarantine fund
104W. Prisoner compensation quarantine funds

Division 4-Notice of prisoner compensation quarantine fund

104X. Victim may ask to be notified of award of damages to prisoner
104Y. Notice to victims published
104Z. Notice to victims directly
104ZA. Applications for information
104ZB. Disclosure of information by Secretary authorised
104ZC. Confidentiality of information
104ZD. Offence to disclose information
104ZE. Notice to Secretary by victim
104ZF. Notice to Secretary by creditors

Division 5-Payments out of prisoner compensation quarantine
fund

104ZG. Payments out of fund where legal proceedings notified
104ZH. Payments out of fund where notice from creditor received
104ZI. Restriction not to affect payment of administration costs
104ZJ. Payments out of fund where no notice given
104ZK. Payments taken to be payments at direction of prisoner
104ZL. When are legal proceedings finally determined

Division 6-General

104ZM. Offence to provide false or misleading information
104ZN. Annual report

PART 9D-ACCIDENT COMPENSATION

104ZO. Definition
104ZP. Application of Part
104ZQ. When is compensation payable?
104ZR. Compensation for personal injuries
104ZS. Compensation for loss of or damage to property
104ZT. Jurisdiction
104ZU. Authority to represent Crown
104ZV. Compensation otherwise payable
104ZW. Payments

PART 10-GENERAL

105. Proceedings for offences
105A. Offences by bodies corporate
106. Judicial notice of signatures
107. Construction of references
108. Apprehension of escaped prisoners
109. Grants by Minister
110. Repealed
111. Sheriff's power not affected
111A. Supreme Court-limitation of jurisdiction
112. Regulations
112A. Additional regulation-making powers-firearms
112B. Validation of regulations

PART 11-TRANSITIONAL PROVISIONS

113. Act to apply to prison sentences etc. before date of commencement
114. Transitional provisions-legal custody
115. Transitional provisions-Criminal Justice Legislation (Miscellaneous Amendments) Act 2002.
115A. Transitional provisions-change of name applications
115B. Transitional provision-Corrections and Other Justice Legislation (Amendment) Act 2006.
116. Transitional provision-victims register
117. Transitional provision-Corrections Amendment Act 2008.
118. Transitional provision-Justice Legislation Further Amendment Act 2009.
__________________
SCHEDULE 1-Repealed
SCHEDULE 2-Names of Prisons
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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