CORRECTIONS ACT 1986 - SECT 30A Victim may be given certain copies of orders and information about a prisoner
CORRECTIONS ACT 1986 - SECT 30A
Victim may be given certain copies of orders and information about a prisonerS. 30A(1) substituted by No. 14/2004 s. 6.
(1) In this section—
S. 30A(1)
def. of criminal act of violence amended by Nos 53/2007 s. 15,
31/2017 s. 3, 27/2018 s. 355(10)(a).
"criminal act of violence" means—
(a) an offence that involves an assault on, or injury or a threat of injury to, a person which is punishable by imprisonment;
(b) any offence referred to in Schedule 1 to the Serious Offenders Act 2018 ;
(c) an offence at common law of rape or assault with intent to rape;
(d) an offence against section 21A(1) of the Crimes Act 1958 (stalking) or any corresponding previous enactment;
(e) an offence against section 63 of the Crimes Act 1958 (child stealing) or any corresponding previous enactment;
(f) an offence against section 63A of the Crimes Act 1958 (kidnapping) or any corresponding previous enactment;
(g) an offence against section 77 of the Crimes Act 1958 (aggravated burglary) or any corresponding previous enactment;
(ga) an offence against section 318(1) of the Crimes Act 1958 (culpable driving causing death) or any corresponding previous enactment;
(gb) an offence against section 319(1) of the Crimes Act 1958 (dangerous driving causing death or serious injury) or any corresponding previous enactment;
(gc) an offence against section 61(3) of the Road Safety Act 1986 (failing to stop and render assistance after a motor vehicle accident causing death or serious injury) or any corresponding previous enactment;
(h) an offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in paragraphs (a) to (gc);
(i) an offence against the law of another jurisdiction in Australia which substantially corresponds to an offence referred to in paragraphs (a) to (h);
S. 30A(1) def. of detention order inserted by No. 91/2009 s. 202(1)(a), substituted by No. 27/2018 s. 355(10)(b).
"detention order" means a detention order or an interim detention order within the meaning of the Serious Offenders Act 2018 ;
S. 30A(1) def. of emergency detention inserted by No. 27/2018 s. 355(10)(c).
"emergency detention" order means an emergency detention order within the meaning of the Serious Offenders Act 2018 ;
S. 30A(1)
def. of extended supervision order inserted by No. 49/2006
s. 5(1)(c), amended by No. 21/2008 s. 6(a), repealed by
No. 41/2015 s. 23(1).
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"family member", in relation to a person, means that person's—
(a) spouse or domestic partner;
(b) child or step-child aged 18 years or more;
(c) parent, step-father, step-mother or legal guardian;
(d) brother, sister, step-brother or step‑sister aged 18 years or more;
(e) grandparent;
(f) grandchild aged 18 years or more;
(g) uncle or aunt;
(h) niece or nephew aged 18 years or more;
(i) father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law or sister-in-law aged 18 years or more;
S. 30A(1)
def. of relevant offence inserted by No. 49/2006 s. 5(1)(c),
amended by No. 91/2009 s. 202(1)(b), repealed by
No. 27/2018 s. 355(10)(d).
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S. 30A(1) def. of supervision order inserted by No. 91/2009 s. 202(1)(a), substituted by No. 27/2018 s. 355(10)(e).
"supervision order" means a supervision order or an interim supervision order within the meaning of the Serious Offenders Act 2018 ;
S. 30A(1)
def. of
victim amended by Nos 49/2006 s. 5(1)(a)(b), 52/2008 s. 238,
91/2009 s. 202(1)(c), 30/2010 s. 46, 41/2015 s. 23(2), 53/2016
s. 95, 27/2018 s. 355(10)(f).
"victim" means—
(a) a person who has had a criminal act of violence committed against him or her;
(b) a family member of a person who has died as a direct result of a criminal act of violence committed against that person;
(c) a family member of a person who—
(i) has had a criminal act of violence committed against that person; and
(ii) is under 18 years of age or is incapable of managing his or her own affairs because of mental impairment;
(d) a person who—
(i) is or has been the spouse or domestic partner of a prisoner or of an offender who is or was subject to a supervision order, a detention order or an emergency detention order, or an application for a supervision order, a detention order or an emergency detention order; and
(ii) is a protected person under a family violence intervention order under the Family Violence Protection Act 2008 , or under a non-local DVO made by a court that is a recognised DVO, for which the prisoner or offender (as the case may be) is the respondent.
S. 30A(1A) inserted by No. 62/2013 s. 3(1).
(1A) Subject to subsection (3) and section 30G, the Secretary must notify a person included on the victims register in respect of an offence for which a prisoner is serving a sentence of imprisonment of the release of the prisoner on parole.
S. 30A(1B) inserted by No. 62/2013 s. 3(1).
(1B) A notification under subsection (1A) must be made at least 14 days before the release of the prisoner on parole, unless the Adult Parole Board has waived the notice period in making the parole order.
S. 30A(1C) inserted by No. 76/2016 s. 5.
(1C) Subject to subsection (3) and section 30G, the Secretary must notify a person included on the victims register in respect of an offence to which section 74AABA applies of—
(a) the release of the prisoner on parole; or
(b) a decision not to release the prisoner on parole.
S. 30A(1D) inserted by No. 76/2016 s. 5.
(1D) A notification under subsection (1C) must be made—
(a) in the case of a decision under subsection (1C)(a), at least 14 days before the release of the prisoner on parole; or
(b) in the case of a decision under subsection (1C)(b), within 14 days after the decision is made.
S. 30A(2) amended by No. 14/2004 s. 7(1).
(2) Subject to section 30G, the Secretary may give a person included on the victims register in respect of an offence for which a prisoner is serving a sentence of imprisonment some or all of the following information—
(a) details about the length of the prisoner's sentence for the offence and of any other sentences of imprisonment that the prisoner is liable to serve;
S. 30A(2)(b) amended by Nos 53/2003 s. 13, 48/2011 s. 5.
(b) the date on which, and the circumstances in which, the prisoner was, is to be or is likely to be released for any reason (including release on bail, custodial community permit or parole);
S. 30A(2)(c) amended by No. 36/2023 s. 5(1).
(c) details of any escape by the prisoner from the legal custody of the Secretary or any other person;
S. 30A(2)(d) inserted by No. 36/2023 s. 5(2).
(d) the period specified by the Board in an order under section 74AAD in respect of the prisoner;
S. 30A(2)(e) inserted by No. 36/2023 s. 5(2).
(e) in the case of a restricted prisoner—that the Board is considering making a restricted prisoner declaration in respect of the prisoner;
S. 30A(2)(f) inserted by No. 36/2023 s. 5(2).
(f) in the case of a restricted prisoner—that the Board has made a restricted prisoner declaration in respect of the prisoner and the period specified in the declaration;
S. 30A(2)(g) inserted by No. 36/2023 s. 5(2).
(g) in the case of a restricted prisoner—that the Board has not made a restricted prisoner declaration in respect of the prisoner.
S. 30A(2AA) inserted by No. 49/2006 s. 5(2), amended by Nos 91/2009 s. 202(2)(a), 41/2015 s. 23(3)(a), 27/2018 s. 355(11).
(2AA) Subject to subsection (2AB) and section 30G, the Secretary may give a person included on the victims register in respect of an offence referred to in Schedule 1 or 2 to the Serious Offenders Act 2018 for which an offender is or was subject to a supervision order, a detention order or an emergency detention order, or an application for a supervision order, a detention order or an emergency detention order some or all of the following information in respect of the offender—
S. 30A (2AA)(a) amended by No. 91/2009 s. 202(2)(a).
(a) the making of an application for a supervision order or a detention order and whether such an order was made, whether on appeal or otherwise;
S. 30A (2AA)(b) amended by Nos 91/2009 s. 202(2)(a)(b), 10/2013 s. 12(2), repealed by No. 41/2015 s. 23(3)(b).
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S. 30A (2AA)(ba) inserted by No. 91/2009 s. 202(2)(c), amended by Nos 10/2013 s. 12(3)(4), 57/2017 s. 45(2), substituted by No. 27/2018 s. 355(12)(a).
(ba) if a supervision order, a detention order or an emergency detention order is made, varied or renewed—
(i) the date on which it commences, the period of the order and any instructions or directions, or any variation of the instructions or directions, given to the offender by the Post Sentence Authority under Part 11 of the Serious Offenders Act 2018 ;
S. 30A (2AA)(c) amended by Nos 91/2009 s. 202(2)(d), 41/2015 s. 23(3)(c), 27/2018 s. 355(12)(b).
(c) if the supervision order, detention order or emergency detention order is suspended or revoked, the date of suspension or revocation, and the date on which a suspended order recommences operation.
S. 30A(2AB) inserted by No. 49/2006 s. 5(2), repealed by No. 41/2015 s. 23(4).
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S. 30A(2AC) inserted by No. 91/2009 s. 202(3), amended by No. 10/2013 s. 12(5)(6), substituted by No. 27/2018 s. 355(13).
(2AC) Subsection (2AA) applies—
(a) despite an order made under section 279 of the Serious Offenders Act 2018 ; and
(b) despite sections 277 and 281 of the Serious Offenders Act 2018 .
S. 30A(2A) inserted by No. 14/2004 s. 7(2), amended by Nos 49/2006 s. 5(3), 62/2013 s. 3(2).
(2A) If a person included on the victims register has a nominee whose details have been included under section 30D in respect of the person included on the victims register, the Secretary may give information under subsection (1A), (2) or (2AA) to the nominee on behalf of that person.
S. 30A(3) amended by No. 49/2006 s. 5(4).
(3) The Secretary must not disclose the information if the Secretary reasonably believes the disclosure of the information might endanger the security of any prison or the safe custody and welfare of the prisoner or any other prisoner or the safety or welfare of the offender or the safety or welfare of any other person.
S. 30B inserted by No. 14/2004 s. 8.