Victorian Consolidated Legislation

Corrections Act 1986 - SECT 112

Regulations

112. Regulations



(1) The Governor in Council may, subject to disallowance by Parliament, make
regulations for or with respect to any of the following matters-

   (a)  the management, good order and security of prisons and locations and
        the discipline and welfare of prisoners and offenders, the privileges
        of prisoners and the procedures for hearing and dealing with prison
        offences and acts of misconduct by offenders;

   (aa) the management, good order and security of police gaols and the
        discipline and welfare of people detained in them, and the procedures
        for hearing and dealing with offences and acts of misconduct committed
        by people detained in police gaols;

   (b)  the establishment of training institutions for officers under Part 5
        or Part 9;



   (ba) the training, discipline and conduct of officers;



   (c)  the medical and dental testing and treatment (including vaccination)
        of prisoners, offenders and people detained in police gaols;

   (d)  the manner of dealing with property belonging to, sent to, or
        delivered for prisoners and people detained in police gaols and
        restrictions on the storage in a prison of property belonging to
        prisoners and people detained in police gaols;

   (e)  the classification of prisoners;

   (f)  how and for what purposes prisoners and people detained in police
        gaols may be placed under restraint and how, where, for how long and
        in what circumstances prisoners and people detained in police gaols or
        classes of prisoners and people detained in police gaols may be
        separated from each other;

   (g)  searches under this Act, and the manner of dealing with property
        seized, including the forfeiture of property to the Crown;

   (h)  the work to be done by, or made available for prisoners and offenders,
        the remuneration (if any) for that work, the issue possession and use
        of tools and equipment by prisoners and offenders, and the payment of
        gratuities to prisoners or offenders where no work is available;

   (ha) access to and operation of prison industries and prison industry
        sites;



        (i)    the moneys which may be paid to or received by prisoners or
               held for prisoners by officers at a prison, the extent to which
               and the purposes for which prisoners may spend or use moneys
               earned or received by them or held for them and the extent to
               which moneys held for a prisoner must be retained until the
               release of the prisoner from custody and the procedures for
               investment of those retained moneys and providing that
               prisoners are not entitled to any interest or other proceeds
               from the investment of those retained moneys;

   (j)  communication by or with prisoners and people detained in police
        gaols, visits to prisons and police gaols and the facilities and
        accommodation to be provided for families, children and close friends
        of prisoners;



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   (l)  the circumstances in which dogs may be approved for use by prison
        officers in accordance with this Act;

   (m)  the notices returns and information to be given and the records and
        registers to be kept for the purposes of this Act;

   (ma) the establishment and keeping of a victims register;



   (mb) the manner of application for registration by persons wishing to be
        included on the victims register;

   (mc) the manner and circumstances in which a person may be removed from the
        victims register;

   (md) matters to be included in victim submissions;

   (me) matters to be included in applications and notices under Part 9C;

   (n)  parole orders, home detention orders and the procedure of the Parole
        Board;



   (o)  authorized absences by prisoners and the transfer of prisoners and
        people detained in police gaols;

   (p)  the ways in which a sheriff may carry out a function power or duty in
        relation to prisons or the confinement or release of prisoners;

   (q)  the removal of prisoners from prison in the interests of justice, and
        the custody of prisoners whilst absent from prison;



   (r)  the reduction of the length of a sentence of imprisonment or of the
        non-parole period, if one has been fixed in respect of the sentence,
        on account of good behaviour while the person serving the sentence is
        suffering disruption or deprivation-

   (i)  during an industrial dispute or emergency existing in the prison or
        police gaol in which the sentence is being served; or

   (ii) in other circumstances of an unforeseen and special nature;

   (s)  the issue of authorities under section 15, the conditions to which
        authorities are subject, and the manner and circumstances in which
        persons may exercise the powers which they are authorized to exercise;

   (sa) the establishment of bodies for the purpose of carrying out functions
        under the regulations;

   (t)  prescribing forms;

   (u)  generally prescribing any other matter or thing required or permitted
        by this Act to be prescribed or necessary to be prescribed to give
        effect to this Act.

(2) The regulations-

   (a)  may be of general or limited application; and

   (b)  may differ according to differences in time place or circumstances;
        and

   (c)  may confer discretions or powers or impose duties in connection with
        the regulations on the Secretary, a Governor, a Regional Manager, an
        officer employed in the administration of this Act, a volunteer, a
        prisoner or an offender; and

   (d)  may confer power on the Secretary, a Governor or a Regional Manager to
        grant exemption from the regulations, to impose conditions subject to
        which the exemption is granted and to revoke or vary the exemption;
        and

   (e)  may apply or incorporate by reference any document formulated in
        accordance with the regulations and concerning the conduct of officers
        under Part 5 or Part 9, prisoners or offenders, the privileges of
        prisoners or the routine of a prison or a location; and

   (f)  may impose penalties not exceeding 10 penalty units for contravention
        of the regulations.

(3) If a Governor or a Regional Manager grants or varies an exemption under a
power conferred by the regulations the Governor or the Regional Manager must
as soon as possible report details of the exemption or variation to the
Secretary.

(4) The Secretary may by instrument given to the Governor or Regional Manager
revoke or vary an exemption granted by the Governor or Regional Manager.



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