Victorian Consolidated Legislation

Corrections Act 1986 - SECT 3

Definitions

3. Definitions



(1) In this Act-

Commissioner means the person employed as Commissioner for the purposes of
this Act;



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community corrections officer means a community corrections officer appointed
under Part 4;

community-based order means a community-based order under Division 3 of Part 3
of the Sentencing Act 1991;



community corrections centre means a community corrections centre established
under Part 9;

contractor means-

   (a)  a party to an agreement with the Minister under section 8B(1); or

   (b)  a party to an agreement with the Secretary under section 9(1); or

   (c)  a party to an agreement with the Chief Commissioner of Police under
        section 9AA(1);

correctional order means any of the following-

   (a)  a community-based order;

   (ab) a community work permit within the meaning of the
        Infringements Act 2006;

   (b)  a parole order;

   (c)  an intensive correction order;

   (d)  a direction under section 107(1)(a) of the Sentencing Act 1991 that a
        person be released on giving an undertaking that has as a condition
        that the person be under the supervision of a community corrections
        officer;

   (e)  a direction under section 107(1)(b) of the Sentencing Act 1991 that a
        person be released on parole;

   (f)  a supervision order under the Crimes (Mental Impairment and Unfitness
        to be Tried) Act 1997 that includes a condition with respect to
        supervision of the person subject to the order by a community
        corrections officer;

   (g)  a combined custody and treatment order; (h) a drug treatment order (as
        defined in section 3(1) of the Sentencing Act 1991);

   (i)  a home detention order under this Act or under section 18ZT of the
        Sentencing Act 1991;

correctional services means the following services-

   (a)  prisons and services related to prisons or prisoners;

   (b)  services related to parole and programmes for persons subject to
        correctional orders;

   (c)  community corrections centres regional centres and locations and
        services related to community corrections centres regional centres and
        locations;

   (d)  community-based programmes and services related to the administration
        of community-based orders;

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domestic partner of a person means-

   (a)  a person who is in a registered relationship with the person; or

   (b)  a person to whom the person is not married but with whom the person is
        living as a couple on a genuine domestic basis (irrespective of
        gender); escort officer means-

   (a)  a prison officer; or

   (b)  an escort officer employed under Part 4;

fingerprints includes finger, palm, toe and sole prints, whether taken by
impression or by means of a device to obtain a record of the fingerprints;
Example: Fingerprints may be taken by a scanning device to obtain a digital
record of the fingerprints.

function includes duty;



Governor means the Governor of a prison and includes a person nominated by the
Secretary to act as the Governor of a prison;

Health Services Commissioner means the Commissioner as defined in the
Health Services (Conciliation and Review) Act 1987;

home detention order means a home detention order made under Division 4 of
Part 8;

hospital security order has the same meaning as in the Sentencing Act 1991;

Human Rights Commissioner means the Human Rights Commissioner appointed under
the Human Rights and Equal Opportunity Commission Act 1986 of the
Commonwealth;

lawyer means an Australian lawyer within the meaning of the
Legal Profession Act 2004;

letter, in relation to a prisoner, means a document containing a communication
to, or from, the prisoner, and includes any article accompanying the document;

location means any of the following places-

   (a)  a community corrections centre;

   (b)  a place at which an offender is by a correctional order required to
        live;

   (c)  a place which an offender is by a correctional order or Part 9
        required to attend for educational recreation or for any other
        purpose;

medical officer means a medical officer employed under Part 4;



near relative of a prisoner means-

   (a)  a partner of the prisoner;

   (b)  a parent or grandparent of the prisoner or of a partner of the
        prisoner;

   (c)  a child or grandchild (of any age) of the prisoner or of a partner of
        the prisoner;

   (d)  a sibling of the prisoner or of a partner of the prisoner;

offender, other than in sections 30A to 30I, means a person of whatever age
who is the subject of a correctional order;

partner of a person means the person's spouse or domestic partner;



police gaol means a police gaol under Part 3;

position means office;

principal medical officer means a principal medical officer employed under
Part 4;



prison means a prison under Part 3 and includes a prison industry site;

prisoner means a person who under Part 1A is deemed to be in the legal custody
of the Secretary;



prison industry site means a place appointed as a prison industry site under
section 84F;



prison officer means a prison officer employed under Part 4;

Regional Manager means a Regional Manager appointed under Part 4;

relative of a prisoner means-

   (a)  a partner of the prisoner;

   (b)  a parent or grandparent of the prisoner or of a partner of the
        prisoner;

   (c)  a child or grandchild (of any age) of the prisoner or of a partner of
        the prisoner;

   (d)  a sibling of the prisoner or of a partner of the prisoner;

   (e)  a child (of any age) of a sibling of the prisoner or of a sibling of a
        partner of the prisoner;

   (f)  a child (of any age) of a sibling of a parent of the prisoner or of a
        sibling of a parent of a partner of the prisoner;

Secretary means Secretary to the Department of Justice under the
Public Administration Act 2004 and includes a person acting as the Secretary
to the Department of Justice under that Act;





spouse of a person means a person to whom the person is married;



sub-contractor means a sub-contractor of a contractor;

supervise, in relation to a prisoner or person, includes to take charge of and
to hold the prisoner or person;

transition centre means a transition centre under Part 3;

transport includes escort, bring, transfer, convey, take and deliver;

victims register means the register established under the regulations for the
purpose of recording persons entitled to be given information under section
30A and to make victim submissions; victim submission means a submission made
under section 74A to the Adult Parole Board;



volunteer means a person whose name appears in the Register of Volunteers kept
under Part 4.

(2) For the purposes of the definition of domestic partner in subsection (1)-

   (a)  registered relationship has the same meaning as in the
        Relationships Act 2008; and

   (b)  in determining whether persons who are not in a registered
        relationship are domestic partners of each other, all the
        circumstances of their relationship are to be taken into account,
        including any one or more of the matters referred to in section 35(2)
        of the Relationships Act 2008 as may be relevant in a particular case.